Marshack v. Lincoln Automotive Financial Services
Adversary Proceeding
Lead BK case is: 8:13-bk-17920
Lead BK case is: 8:13-bk-17920
| California Central Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Erithe A Smith |
| Case #: | 8:15-ap-01466 |
| Nature of Suit | 12 Bankruptcy - Recovery of money/property - §547 preference 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Dec 17, 2015 |
| Terminated: | Jun 27, 2017 |
| Last checked: never |
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Defendant
Lincoln Automotive Financial Services
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Represented By
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Plaintiff
Richard A. Marshack, Chapter 7 Trustee
870 Roosevelt
Irvine, CA 92620 |
Represented By
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Trustee
Richard A Marshack (TR)
Marshack Hays LLP 870 Roosevelt
Irvine, CA 92620 |
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U.S. Trustee
United States Trustee (SA)
411 W Fourth St., Suite 9041
Santa Ana, CA 92701 |
| Docket last updated: 5 hours ago |
| Tuesday, June 27, 2017 | ||
| 49 | 49
court
Close Adversary Case
Tue 06/27 9:04 AM
Adversary Case 8:15-ap-1466 Closed. The complaint filed in the above case has been disposed of and is no longer pending due to the dismissal of the complaint or main case, the entry of a judgment or the transfer of the adversary proceeding to another division or district. Since it appears that no further matters are pending that require this adversary proceeding remain open, it is ordered that this adversary proceeding is closed. (Steinberg, Elizabeth) |
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| Thursday, June 15, 2017 | ||
| 48 | 48
court
Hearing Held (Other)
Fri 06/16 3:24 PM
Status Conference Hearing Held - OFF CALENDAR; Order Approving Order Dismissing Adversary Entered 6/22/2017. (Duarte, Tina) |
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| Wednesday, June 14, 2017 | ||
| 47 | 47
court
BNC Certificate of Notice - PDF Document
Wed 06/14 9:56 PM
BNC Certificate of Notice - PDF Document. No. of Notices: 0. Notice Date 06/14/2017. (Admin.) |
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| Monday, June 12, 2017 | ||
| 46 | 46
order
Dismiss Adversary Proceeding (BNC-PDF)
Mon 06/12 10:31 AM
ORDER Approving Stipulation for Dismissal of Adversary Proceeding. The Adversary Case is Dismissed with Prejudice and Closed; the Parties Shall Bear Their Own Attorneys' Fees and Costs Incurred in Connection with the Adversary Case; and the Status Conference Currently Set for 6/15/2017, is Hereby Vacated and Taken Off Calendar (BNC-PDF) Signed on 6/12/2017 . (Duarte, Tina) |
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| Thursday, June 01, 2017 | ||
| 45 | 45
motion
Stipulation (motion)
Thu 06/01 3:27 PM
Stipulation By Richard A. Marshack and Defendant for Dismissal of Adversary Proceeding; with Proof of Service Filed by Plaintiff Richard A. Marshack (Grimshaw, Matthew) |
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| Thursday, April 20, 2017 | ||
| 44 | 44
court
Hearing Continued (Other)
Fri 04/21 2:22 PM
Hearing Continued . Status Conference hearing CONTINUED TO 6/15/2017 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701, Per Order Entered 4/11/2017. The case judge is Erithe A. Smith (Duarte, Tina) |
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| 43 | 43
court
Hearing Held (Other)
Fri 04/21 2:21 PM
Status Conference Hearing Held - OFF CALENDAR; Defendant's Notice of Withdrawal of Motion filed 3/29/2017. (Duarte, Tina) |
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| Thursday, April 13, 2017 | ||
| 42 | 42
court
BNC Certificate of Notice - PDF Document
Thu 04/13 9:40 PM
BNC Certificate of Notice - PDF Document. No. of Notices: 0. Notice Date 04/13/2017. (Admin.) |
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| Tuesday, April 11, 2017 | ||
| 41 | 41
order
X - Order (RE: Generic Motion) (BNC-PDF)
Tue 04/11 2:13 PM
Order Approving Stipulation to Continue the April 20, 2017, Status Conference. The Status Conference Scheduled for April 20, 2017, is CONTINUED TO JUNE 15, 2017, at 9:30 a.m.; and The Parties Will Comply with the Local Bankruptcy Rules by Timely Filing a Joint Status Report in Advance of the Continued Status Conference Hearing (BNC-PDF) Signed on 4/11/2017 (Duarte, Tina) |
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| 40 | 40
motion
Stipulation (motion)
Tue 04/11 1:52 PM
Stipulation By Richard A. Marshack and Defendant to Continue the April 20, 2017, Status Conference; with Proof of Service Filed by Plaintiff Richard A. Marshack (Wood, David) |
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| Wednesday, March 29, 2017 | ||
| 39 | 39
notice
Notice
Wed 03/29 9:04 AM
Notice of Withdrawal of Motion to Dismiss the First and Third Causes of Action of Plaintiff's Complaint Pursuant to Fed.R.Civ.Proc. 12(b)(6) Filed by Defendant Lincoln Automotive Financial Services . (Mroczynski, Randall) |
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| Thursday, February 16, 2017 | ||
| 38 | 38
court
Hearing Continued (Other)
Fri 02/17 3:30 PM
Hearing Continued RULING: STATUS CONFERENCE CONTINUED TO 4/20/17 AT 9:30AM PER ORDER ENTERED 2/3/17. |
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| 37 | 37
court
Hearing Continued (Motion)
Fri 02/17 3:29 PM
Hearing Continued RULING: STATUS CONFERENCE CONTINUED TO 4/20/17 AT 9:30AM PER ORDER ENTERED 2/3/17. |
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| Sunday, February 05, 2017 | ||
| 36 | 36
court
BNC Certificate of Notice - PDF Document
Sun 02/05 9:37 PM
BNC Certificate of Notice - PDF Document. No. of Notices: 0. Notice Date 02/05/2017. (Admin.) |
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| Friday, February 03, 2017 | ||
| 35 | 35
order
X - Order (Generic)(BNC-PDF)
Fri 02/03 4:37 PM
ORDER APPROVING STIPULATION TO CONTINUE THE FOLLOWING HEARINGS: 1) DEFENDANT'S MOTION TO DISMISS THE FIRST AND THIRD CAUSES OF ACTION OF PLAINTIFF'S COMPLAINT; AND 2) STATUS CONFERENCE [April 20, 2017 at 9:30am in Courtroom 5A] (BNC-PDF) Signed on 2/3/2017 |
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| 34 | 34
motion
Stipulation (motion)
Fri 02/03 2:23 PM
Stipulation By Richard A. Marshack and Defendant to Continue the Following Hearings: 1) Defendant's Motion to Dismiss the First and Third Causes of Action of Plaintiff's Complaint; and 2) Status Conference; with Proof of Service Filed by Plaintiff Richard A. Marshack (Wood, David) |
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| Thursday, December 22, 2016 | ||
| 33 | 33
court
Hearing Continued (Other)
Tue 12/27 10:33 AM
Hearing Continued . Status Conference hearing CONTINUED TO 2/16/2017 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701, Per Order Entered 12/9/2016. The case judge is Erithe A. Smith (Duarte, Tina) |
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| 32 | 32
court
Hearing Continued (Other)
Tue 12/27 10:32 AM
Hearing Continued . Status Conference hearing RE: Defendant's Motion CONTINUED TO 2/16/2017 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701, Per Order Entered 12/9/2016. The case judge is Erithe A. Smith (Duarte, Tina) |
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| Sunday, December 11, 2016 | ||
| 31 | 31
court
BNC Certificate of Notice - PDF Document
Sun 12/11 9:37 PM
BNC Certificate of Notice - PDF Document. No. of Notices: 0. Notice Date 12/11/2016. (Admin.) |
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| Friday, December 09, 2016 | ||
| 30 | 30
order
X - Order (Generic)(BNC-PDF)
Fri 12/09 10:09 AM
ORDER APPROVING STIPULATION TO CONTINUE THE FOLLOWING HEARINGS: 1) DEFENDANT?S MOTION TO DISMISS THE FIRST AND THIRD CAUSES OF ACTION OF PLAINTIFF?S COMPLAINT; AND 2) STATUS CONFERENCE (BNC-PDF) Signed on 12/9/2016 |
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| Thursday, December 08, 2016 | ||
| 29 | 29
motion
Stipulation (motion)
Thu 12/08 11:35 AM
Stipulation By Richard A. Marshack and Defendants to Continue the Following Hearings; 1) Defendant's Motion to Dismiss the First and Third Causes of Action of Plaintiff's Complaint; and 2) Status Conference; with Proof of Service Filed by Plaintiff Richard A. Marshack (Wood, David) |
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| Thursday, October 13, 2016 | ||
| 28 | 28
court
Hearing Continued (Other)
Wed 10/19 2:49 PM
Hearing Continued PER ORDER ENTERED 10/11/16 (XX) Status hearing to be held on 12/22/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith (Steinberg, Elizabeth) |
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| 27 | 27
court
Hearing Continued (Other)
Wed 10/19 2:47 PM
Hearing Continued PER ORDER ENTERED 10/11/16 (XX) CONTINUED Status hearing to be held on 12/22/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith (Steinberg, Elizabeth) |
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| 26 | 26
court
BNC Certificate of Notice - PDF Document
Thu 10/13 10:12 PM
BNC Certificate of Notice - PDF Document. No. of Notices: 0. Notice Date 10/13/2016. (Admin.) |
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| Tuesday, October 11, 2016 | ||
| 25 | 25
order
Stipulation and ORDER thereon (BNC-PDF)
Tue 10/11 10:48 AM
Order Granting Stipulation to Continue the following hearings: Defendant's Motion to Dismiss currently set for hearing on 10/13/2016 at 9:30 a.m. is CONTINUED to 12/22/2016 at 9:30 a.m. as a Holding Date Only; The Status Conference scheduled for 10/13/2016 at 9:30 a.m, is CONTINUED to 12/22/2016 at 9:30 a.m. (BNC-PDF) Signed on 10/11/2016 (Mccall, Audrey) |
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| Monday, October 10, 2016 | ||
| 24 | 24
motion
Stipulation (motion)
Mon 10/10 9:55 AM
Stipulation By Richard A. Marshack and Defendant to Continue the Following Hearings: 1) Defendant's Motion to Dismiss the First and Third Causes of Action of Plaintiff's Complaint; and 2) Status Conference; with Proof of Service Filed by Plaintiff Richard A. Marshack (Wood, David) |
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| Thursday, August 04, 2016 | ||
| 23 | 23
court
Hearing Continued (Other)
Fri 08/05 4:29 PM
Hearing Continued . Status Conference hearing CONTINUED TO 10/13/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701; updated status report must be filed by 9/25/2016. The case judge is Erithe A. Smith (Duarte, Tina) |
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| 22 | 22
court
Hearing Continued (Other)
Fri 08/05 4:28 PM
Hearing Continued . Status hearing CONTINUED TO 10/13/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701; updated status report must be filed by 9/25/2016. The case judge is Erithe A. Smith (Duarte, Tina) |
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| Thursday, July 28, 2016 | ||
| 21 | 21
misc
Status report
Thu 07/28 4:13 PM
Status report Filed by Plaintiff Richard A. Marshack . (Wood, David) |
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| Monday, July 25, 2016 | ||
| 20 | 20
court
Notice to Filer of Error and/or Deficient Document
Mon 07/25 12:01 PM
Notice to Filer of Error and/or Deficient Document Incorrect hearing date was selected. THE FILER IS INSTRUCTED TO FILE AN AMENDED JOINT STATUS REPORT WITH CORRECT HEARING INFORMATION. Hearing set for 8/4/16. (Mccall, Audrey) |
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| Friday, July 22, 2016 | ||
| 19 | 19
misc
Status report
Fri 07/22 3:38 PM
Status report Joint Status Report; with Proof of Service Filed by Plaintiff Richard A. Marshack . (Wood, David) WARNING: Item subsequently amended by docket entry no: 20 Modified on 7/25/2016 (Mccall, Audrey) |
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| Thursday, May 19, 2016 | ||
| 18 | 18
court
Hearing Continued (Other)
Fri 05/20 3:53 PM
Hearing Continued Joint Status Report to be filed by July 21, 2016; CONTINUED Status hearing to be held on 8/4/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith (Steinberg, Elizabeth) |
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| 17 | 17
court
Hearing Continued (Motion)
Fri 05/20 3:38 PM
Hearing Continued The CONTINUED Hearing date is set for 8/4/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith (Steinberg, Elizabeth) |
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| Thursday, May 12, 2016 | ||
| 16 | 16
misc
Status report
Thu 05/12 2:51 PM
Status report Joint Status Report; with Proof of Service Filed by Plaintiff Richard A. Marshack . (Wood, David) |
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| Thursday, April 21, 2016 | ||
| 15 | 15
court
Hearing Continued (Other)
Fri 04/22 3:54 PM
Hearing Continued PER ORDER ENTERED 4/11/16 CONTINUED Status hearing to be held on 5/19/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith (Steinberg, Elizabeth) |
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| 14 | 14
court
Hearing Continued (Motion)
Fri 04/22 3:53 PM
Hearing Continued AS A HOLDING DATE ONLY. |
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| Wednesday, April 13, 2016 | ||
| 13 | 13
court
BNC Certificate of Notice - PDF Document
Wed 04/13 9:58 PM
BNC Certificate of Notice - PDF Document. No. of Notices: 1. Notice Date 04/13/2016. (Admin.) |
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| Monday, April 11, 2016 | ||
| 12 | 12
order
X - Order (Generic)(BNC-PDF)
Mon 04/11 9:40 AM
Order approving stipulation to continue the following hearings: 1) Motion to dismiss the complaint; 2) Status conference [May 19, 2016 at 9:30am in Courtroom 5A] Signed on 4/11/2016 |
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| Wednesday, April 06, 2016 | ||
| 11 | 11
motion
Stipulation (motion)
Wed 04/06 6:07 PM
Stipulation By Richard A. Marshack and Defendant to Continue the Following Hearings 1) Defendant's Motion to Dismiss First and Third Causes of Action of Plaintiff's Complaint; and 2. Status Conference; with Proof of service Filed by Plaintiff Richard A. Marshack (Wood, David) |
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| Thursday, March 10, 2016 | ||
| 10 | 10
court
Hearing Continued (Other)
Mon 03/14 5:50 PM
Hearing Continued - Status Conference CONTINUED TO held on 4/21/2016 at 02:00 PM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701, same date/time as hearing on pending 12(b)(6) motion. Updated status report not requied. The case judge is Erithe A. Smith (Duarte, Tina) |
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| Monday, February 29, 2016 | ||
| 9 | 9
misc
Status report
Mon 02/29 7:17 PM
Status report Joint Status Report with Proof of Service Filed by Plaintiff Richard A. Marshack . (Wood, David) |
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| Tuesday, January 19, 2016 | ||
| 8 | 8
court
Hearing Set (Motion)
Wed 01/20 10:17 AM
Hearing Set . The Hearing date is set for 4/21/2016 at 02:00 PM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith (Duarte, Tina) |
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| 7 | 7
misc
Proof of service
Tue 01/19 4:16 PM
Proof of service Filed by Defendant Lincoln Automotive Financial Services . (Mroczynski, Randall) |
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| 6 | 6
misc
Request for judicial notice
Tue 01/19 4:15 PM
Request for judicial notice in Support of Motion to Dismiss the First and Third Causes of Action of Plaintiff's Complaint Pursuant to Fed.R.Civ.Proc. 12(b)(6)) Filed by Defendant Lincoln Automotive Financial Services . (Mroczynski, Randall) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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Att: 4
Exhibit D
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Att: 5
Exhibit E
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Att: 6
Exhibit F
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| 5 | 5
motion
X - Motion (Generic) (motion)
Tue 01/19 4:12 PM
Motion and Notice of Motion to Dismiss the First and Third Causes of Action of Plaintiff's Complaint Pursuant to Fed.R.Civ.Proc. 12(b)(6) Filed by Defendant Lincoln Automotive Financial Services (Mroczynski, Randall) |
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Att: 1
9 pgs
Memorandum of Points and Authorities
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Att: 2
Declaration of Tiffany Didur
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| Wednesday, December 23, 2015 | ||
| 4 | 4
notice
Notice
Wed 12/23 6:37 PM
Notice to Defendant re Compliance with Rule 7026 of the Federal Rules of Bankruptcy Procedure and Rule 7026-1 of the Local Bankruptcy Rules; with Proof of Service Filed by Plaintiff Richard A. Marshack. (Grimshaw, Matthew) |
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| 3 | 3
cmp
Summons Service Executed
Wed 12/23 6:36 PM
Summons Service Executed on Lincoln Automotive Financial Services 12/23/2015 (Grimshaw, Matthew) |
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| Thursday, December 17, 2015 | ||
| 2 | 2
court
Summons Issued
Thu 12/17 2:32 PM
Summons Issued on Lincoln Automotive Financial Services Date Issued 12/17/2015, Answer Due 1/19/2016 Status hearing to be held on 3/10/2016 at 09:30 AM at Crtrm 5A, 411 W Fourth St., Santa Ana, CA 92701. The case judge is Erithe A. Smith |
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| 1 | 1
cmp
Complaint
Thu 12/17 11:25 AM
Adversary case 8:15-ap-01466. Complaint by Richard A. Marshack against Lincoln Automotive Financial Services. (Charge To Estate). Complaint for Avoidance, Recovery, and Preservation of Preferential, Fraudulent, and Unauthorized Post-Petition Transfers and Objection to Claim [11 U.S.C. Sections 502, 544, 547, 548, 549, 550 and 551, and Cal. Civl Pro. Sections 3439.04, 3439.05, et al.] Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Grimshaw, Matthew) |
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Att: 1
Adversary Proceeding Cover Sheet
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