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IN RE ALPINE LUMBER AND NURSERY

Bankruptcy No. 81-00607-K.

13 B.R. 977 (1981)

In re ALPINE LUMBER AND NURSERY, a general partnership consisting of Kenneth Walling, Linda Walling, George Martinez and Mary Jane Martinez, dba Santee Hardware and Lumber, Debtors.

United States Bankruptcy Court, S.D. California.

September 14, 1981.

Attorney(s) appearing for the Case

Louise Malugen, San Diego, Cal., for debtor.

Dean T. Kirby Jr., Stephenson & Prairie, San Diego, Cal., for Alfred D. Hinkle and Alice L. Hinkle.

David L. Buchbinder, San Diego, Cal., trustee in pro. per.

MEMORANDUM OF DECISION

HERBERT KATZ, Bankruptcy Judge.

On February 27, 1981 an involuntary Chapter 7 petition was filed against the debtor. On May 28, 1981 an interim trustee was appointed for cause, pursuant to 11 U.S.C. §§ 303(g) and 701.

On June 26, 1981, prior to the trial on the involuntary petition, the general partners of the debtor filed a "conversion of involuntary proceeding to Chapter 11." The application provided that the conversion...

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