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IN RE VILLAGE HOMES OF COLO., INC.

Bankruptcy No. 08-27714 ABC. Adversary No. 09-1008 ABC.

405 B.R. 479 (2009)

In re VILLAGE HOMES OF COLORADO, INC., Debtor. Village Homes of Colorado, Inc., Debtor in Possession, Plaintiff, v. Guaranty Bank, et al., Defendants.

United States Bankruptcy Court, D. Colorado.

May 19, 2009.

Attorney(s) appearing for the Case

Garry R. Appel, Shaun A. Christensen, Denver, CO, for Plaintiff.

Duncan E. Barber, Holly R. Shilliday, Elizabeth K. Flaagan, Scott T. Rodgers, James L. Huemoeller, Risa Lynn Wolf-Smith, Denver, CO, J. Frasher Murphy Dallas, TX, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS DEBTOR'S TRUST FUND WAIVER CLAIM

A. BRUCE CAMPBELL, Bankruptcy Judge.

This matter is before the Court on the Motion to Dismiss Debtor's Trust Fund Waiver Claim ("Motion") filed by Defendant Creative Touch Interiors, Inc. ("CTI") and joined by Defendant Masco Builder Cabinet Group ("Masco"). CTI and Masco are collectively referred to herein as "Defendants." The Court having considered the Motion, the Response filed...

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