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IN RE AMERICAN PROPERTIES, INC.

Bankruptcy No. 80-40156, Adv. No. 83-0073.

30 B.R. 247 (1983)

In re AMERICAN PROPERTIES, INC., Debtor. BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Plaintiff, v. COLEMAN AMERICAN PROPERTIES, INC., A Kansas Corporation, and Fourth National Bank and Trust Co., Defendant.

United States Bankruptcy Court, D. Kansas.

May 15, 1983.

Attorney(s) appearing for the Case

Royce E. Wallace, Wichita, Kan., for creditor.

R. Pete Smith and Chris W. Henry, McDowell, Rice & Smith, Kansas City, Kan., for debtor.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding, issues of notice and the effect of confirmation are presented.

The issues presented for determination are:

1. Does a tax lien creditor have a claim in bankruptcy.

2. Was notice of the chapter 11 proceeding and the necessity of filing a claim received by the creditor.

3. What is the effect of confirmation when notice of the chapter 11...

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