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IN RE ALLEN

Bankruptcy No. B-78-186/187 PHX-VM, Adv. No. A.

20 B.R. 564 (1982)

In re Thomas E. ALLEN, dba Thomas E. Allen Company, aka Allen Farms, and Sandra Lee Allen, dba Thomas E. Allen Co., aka Allen Farms, Debtors. Thomas E. ALLEN, dba Thomas E. Allen Company, aka Allen Farms, and Sandra Lee Allen, dba Thomas E. Allen Co., aka Allen Farms, Plaintiffs, v. Virgil LEAVITT, Defendant.

United States Bankruptcy Court, D. Arizona.

June 3, 1982.

Attorney(s) appearing for the Case

Redfield Baum, Phoenix, Ariz., for plaintiffs.

Merwin Grant, Phoenix, Ariz., for defendant.

MEMORANDUM DECISION

VINCENT D. MAGGIORE, Bankruptcy Judge.

This case comes before this court on a Motion to Reopen. The matter was submitted on the following facts:

Thomas and Sandra Allen dba Thomas E. Allen Co. (debtor) leased a farm from Virgil Leavitt (defendant). While operating this farm, they filed a Chapter 11 Petition. On May 23, 1978, before the Chapter 11 Plan was completed, the Defendant filed a proof of claim for rents owed to him by...

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