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IN RE BURKE MOUNTAIN RECREATION, INC.

Bankruptcy No. 85-86, Adv. No. 86-0026.

64 B.R. 799 (1986)

In re BURKE MOUNTAIN RECREATION, INC., Debtor. BURKE MOUNTAIN RECREATION, INC., Plaintiff, v. VERMONT DEVELOPMENT CREDIT CORPORATION, Defendant.

United States Bankruptcy Court, D. Vermont.

September 12, 1986.

Attorney(s) appearing for the Case

A. Field, Montpelier, Vt., for Vermont Development Credit Corp. (VDCC).

C. Hickey, of Swainbank, Morrissette, Neylon & Hickey, St. Johnsbury, Vt., for Burke Mountain Recreation, Inc. (debtor).

MEMORANDUM OPINION AND ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

This adversary proceeding involves a Chapter 11 debtor who borrowed funds from a lender who was not licensed to lend by the State of Vermont. Because we find that the lender is required by statute to obtain a license, the plaintiff's cross-motion for summary judgment is granted, and the lender's motion for summary judgment is denied.

No facts are in dispute. The debtor owns and operates...

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