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MATTER OF AM. BUSINESS MACHINES, INC.

Bankruptcy Nos. BK-LV 78-782 to BK-LV 78-784.

6 B.R. 166 (1980)

In the Matter of AMERICAN BUSINESS MACHINES, INC., a Nevada Corporation; James C. Edwards, a/k/a J.C. Edwards; and Constance J. Edwards, Bankrupts.

United States Bankruptcy Court, Nevada.

September 16, 1980.

Attorney(s) appearing for the Case

John M. Sacco, of Rogers, Monsey, Woodbury & Berggreen, Las Vegas, Nev., for bankrupts.

B. Mahlon Brown, U.S. Atty., and William C. Turner, Asst. U.S. Atty., Las Vegas, Nev., for the United States Internal Revenue Service.

Peter F. Koppe, Las Vegas, Nev., trustee.

MEMORANDUM OPINION

LLOYD D. GEORGE, Bankruptcy Judge.

I. LITIGATIONAL BACKGROUND

Pursuant to an auction of real property held on April 7, 1979, the Trustee in the above-entitled matter now finds himself in possession of a sum slightly in excess of $20,000. Upon the whole of this amount, the Bankrupts, James C. and Constance J. Edwards, claim a homestead right vis-a-vis all general creditors and, hence, against the Trustee, in his representative...

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