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IN RE HATHAWAY

No. 08-15708.

401 B.R. 477 (2009)

In re Marlin HATHAWAY, Debtor.

United States Bankruptcy Court, W.D. Washington.

March 24, 2009.

Attorney(s) appearing for the Case

Christopher F. Dale, J. Todd Tracy, Attorneys at Law, Crocker Kuno PLLC, Seattle, WA, for debtor.

Brian H. Krikorian, Attorney at Law, Seattle, WA, for Ohana Group, LLC.

K. Michael Fitzgerald, Seattle, WA, Chapter 13 Trustee.

DECISION AND ORDER ON MOTION TO DETERMINE STATUS OF SECURITY DEPOSIT

PHILIP H. BRANDT, Bankruptcy Judge.

Before the court is the Motion to Determine Status of [Debtor] Marlin Hathaway's Security Deposit (docket no. 31), ("Motion"). Having set the cure amount in the order approving assumption and assignment of the lease, I conclude that claim preclusion is available and should be applied; the result is that nobody wins in this round.

I. FACTS

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