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IN RE AMERICAN GYPSUM CO.

Bankruptcy No. 82-01253 M A, Adv. No. 83-0148 M.

31 B.R. 187 (1983)

In re AMERICAN GYPSUM COMPANY, Debtor. AMERICAN GYPSUM COMPANY, Plaintiff, v. E.M. McDOWELL, Sr., Dorothy McDowell, E.M. McDowell, Jr., and Susan McDowell, Defendants.

United States Bankruptcy Court, D. New Mexico.

April 21, 1983.

Attorney(s) appearing for the Case

Douglas T. Francis, Albuquerque, N.M., for plaintiff.

Robert A. Johnson, Albuquerque, N.M., for defendants.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the debtor's complaint to determine secured status of the defendant creditors McDowell. The debtor alleges that in filing the involuntary petition, the McDowells waived their security by failing to mention it in the petition. The McDowells, along with two other creditors, filed an involuntary petition which stated that their claims in the aggregate were "in excess...

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