IN RE METROPOLITAN MORTGAGE SECURITIES CO., INC. (Bankr.E.D.Wash. 2005)

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Docket Number

Jointly Administered Under: No. 04-00757-W11, RELATED DOCKET NOS.: Docket No. 2715 [Motion for Order]; Docket No. 3444 [Notice of Motion]; Docket No. 3956 [Declaration of Lyons in Support of Motion]; and Docket No. 4039 [Request for Entry of Order].

Attorney(S)

Barry W. Davidson, Robert S. Delaney, DAVIDSON MEDEIROS, Spokane, Washington and Charles R. Ekberg, Susan Brye Jahnke, Mary Jo Heston, LANE POWELL PC, Seattle, Washington, Attorneys for Metropolitan Mortgage and Securities Co., Inc., Debtor and Debtor-in-Possession.

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In re . . . METROPOLITAN MORTGAGE SECURITIES CO., INC., Chapter 11, Debtor. In re . . . SUMMIT SECURITIES, INC., Debtor.

ORDER DIRECTING TURNOVER OF ASSETS IN EXECUTIVE NONQUALIFIED EXCESS PLAN

PATRICIA WILLIAMS, Chief Judge, Bankruptcy

THIS MATTER having came before the Court upon the Motion of Metropolitan Mortgage Securities Co., Inc. ("Metropolitan"), by and through its counsel, for an Order Directing Turnover of Assets in Executive Nonqualified Excess Plan (the "Motion"); the Court having reviewed the Motion and Declaration of Maggie L. Lyons filed in support thereof, and having determined that good cause exists for the relief requested in the Motion, and being fully advised in the premises; NOW THEREFORE,

IT IS HEREBY ORDERED that the Motion is granted in its entirety.

IT IS FURTHER ORDERED that Principal Financial Life Insurance Company, as the holder of the Plan assets, and Bankers Trust Company, N.A., as Trustee, are hereby directed to turnover all assets in the Executive Nonqualified Excess Plan to Metropolitan.

In re . . . METROPOLITAN MORTGAGE SECURITIES CO., INC., Chapter 11, Debtor. In re . . . SUMMIT SECURITIES, INC., Debtor.

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