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IN RE DAVIS

Civ. A. No. 81-1435, Bankruptcy No. 81-10368, Adv. No. 81-0397.

16 B.R. 473 (1981)

In re DeVerne Richard DAVIS and Mary Louise Davis, Debtors. MID AMERICAN CREDIT UNION, Plaintiff, v. Deverne Richard DAVIS, Mary Louise Davis, and Royce E. Wallace, Trustee, Defendants.

United States District Court, D. Kansas.

October 28, 1981.

Attorney(s) appearing for the Case

Eric D. Bruce, Wichita, Kan., for plaintiff, Mid American Credit Union.

Donald B. Clark, Wichita, Kan., for defendants, Deverne Richard and Mary Louise Davis.

Royce E. Wallace, Wichita, Kan., pro se.

MEMORANDUM AND ORDER

KELLY, District Judge.

This is a bankruptcy appeal brought by the Mid American Credit Union (credit union). The defendant debtors filed a Chapter 13 Plan in which they sought to cure a pre-bankruptcy petition default of a secured note with the credit union after the credit union elected to accelerate the note. Whether the debtors can successfully cure such a default through their Chapter 13 Plan depends on the construction of two sections...

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