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In re: PHILLIP BRIAN STONICH and TERESA MARIE STONICH, Chapter 11, Debtors. In re: AGUA NEGRA SPRINGS RANCH, LLC, Debtor.

MEMORANDUM DECISION

JAMES MARLAR, Bankruptcy Judge

The court conducted an emergency hearing on June 4, 2008 regarding the Debtor's motion to approve use of cash collateral (Dkt. #174), at which time the court took the matter under advisement.

As matters turned out, it seems as if the cash is no party's "collateral," but that the cash on deposit is a general asset.

Mr. and Mrs. Stonich's Schedules I and J reflect that their monthly income is $3,300 from Mrs. Stonich's employment, and their monthly expenses are $13,184. As a real estate broker, Mr. Stonich does not have regular monthly income or wages, but instead generates income through property sales or commissions.

Wells Fargo Bank Debtor-in-Possession Account number 3496118112 is subject to court control (the "Segregated DIP Account").

The court will authorize the Debtors to withdraw $15,000 per month for June and July, 2008, from the Segregated DIP Account. With Mrs. Stonich's monthly wages, the Debtors will then have monthly income of $18,300 for two months, until they can confirm their chapter 11 plan of reorganization. If the Debtors require more funds from the account, they are to file a request with the court, and include with it a detailed breakdown of the additional amounts requested, and notice out an expedited hearing date to all interested parties.

This arrangement may serve as a temporary stopgap for the Debtors' immediate cash needs.

A separate order will be entered.

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IN RE STONICH
(Jun 6, 2008)