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MATTER OF KUTNER

No. 80-1416.

656 F.2d 1107 (1981)

In the Matter of Jonathan KUTNER, et al., Debtors. Daniel C. STEWART, Appellant, v. Jonathan KUTNER, et al., Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

As Amended on Denial of Rehearing November 6, 1981.

Attorney(s) appearing for the Case

Winstead, McGuire, Sechrest & Trimble, Daniel C. Stewart, Dallas, Tex., for appellant.

Richard L. Levine, Director and Counsel, Barbara G. O'Connor, Staff Atty., Washington, D.C., for the U. S. amicus curiae.

Palmer, Palmer, Coffee & Bush, Dallas, Tex., for appellees.

Before SKELTON, Senior Judge, and RUBIN and REAVLEY, Circuit Judges.

SKELTON, Senior Judge.

This is a bankruptcy case. The facts are not in dispute and are generally as follows. Originally three debtors, Charles S. Christopher, Jonathan Kutner, and Samuel Marvin Rosenthal filed petitions in bankruptcy in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division, on October 3, 1979, under Chapter 13 of the new Bankruptcy Code (the Code) enacted by Congress on November 6, 1978, as Public Law 95-598, 92 Stat...

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