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IN RE BURTON

Bankruptcy No. 7-79-01001, Adversary Proceeding No. 7-80-0033.

4 B.R. 608 (1980)

In re Robert E. BURTON, Brenda M. Burton, Debtors. FIRST NATIONAL EXCHANGE BANK OF VIRGINIA, Plaintiff, v. Joanna H. MYERS and Brenda M. Burton, Defendants.

United States Bankruptcy Court, W.D. Virginia.

June 11, 1980.

Attorney(s) appearing for the Case

James A. Hartley, Pearisburg, Va., for plaintiff.

H.N. Osborne, Pearisburg, Va., for debtors.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue here is whether or not First National Exchange Bank of Virginia (Bank) should be granted leave to pursue its claim against a co-debtor of the Chapter 13 Debtor herein.

The facts essentially are as follows: the Debtor filed a petition in this Court seeking relief under Chapter 13 of the Bankruptcy Code of 1978. The plan which has been confirmed provided for the payment...

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