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i TO THE HONORABLE MICHAEL S. McMANUS, UNITED STATES BANKRUPTCY JUDGE <br /> AND ALL PARTIES IN INTEREST: <br /> 2 <br /> 3 PLEASE TAKE NOTICE that Barclays Business Credit, Inc. <br /> 4 ("Barclays") and Chapter 7 Trustee Michael D. McGranahan ("Trustee") <br /> 5 hereby jointly move the Court for an order, pursuant to <br /> 6 Rules 2002 (a) (3) , 4001 (d) and 9019 (a) of the Federal Rules of <br /> 7 Bankruptcy Procedure, authorizing a compromise of controversy under <br /> 8 the terms of that certain Settlement Agreement by and between <br /> 9 Barclays and the Trustee, a true copy of which is attached hereto as <br /> 10 Exhibit A. The Settlement Agreement provides, in pertinent part: <br /> 11 (1) for dismissal of that certain Complaint To Compel Turnover of <br /> 12 Property ("Complaint") filed by the Trustee against Barclays, thus <br /> 13 commencing Adversary Proceeding No. 93-9126 (the "Adversary <br /> 14 Proceeding") ; and (2) for relief from the automatic stay with <br /> 15 respect to Barclays. The basis for this Motion is set forth as <br /> 16 follows: <br /> 17 1. <br /> 18 FACTUAL BACKGROUND <br /> 19 A. Debtor Branson-Cross Lumber Co. , Inc. ("Debtor") filed a <br /> 20 voluntary petition for relief under Chapter 7 of the United States <br /> 21 1 Bankruptcy Code (11 U. S. C. § 101 et seq. , the "Bankruptcy Code") on <br /> 22 July 18 , 1991 (the "Petition Date") in the United States Bankruptcy <br /> 23 Court for the Eastern District of California, Modesto Division (the <br /> 24 "Bankruptcy Court") and was assigned Chapter 7 Case No. 91-92464 <br /> 25 (the "Chapter 7 Case") . <br /> 26 B. Prior to the Petition Date, Debtor and Barclays had <br /> 27 entered into that certain Loan and Security Agreement dated as of <br /> NOTICE OF JOINT MOTION AND JOINT MOTION FOR <br /> ORDER AUTHORIZING COMPROMISE OF CONTROVERSY AND <br /> APPROVING STIPULATION FOR RELIEF FROM STAY 1 3435\P006A.LJC/dcl <br />