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IN RE ALEXANDER DISPOS-HAUL SYSTEMS

Bankruptcy No. 382-02636, Adv. No. 83-0205.

36 B.R. 612 (1983)

In re ALEXANDER DISPOS-HAUL SYSTEMS, INC., an Oregon corporation, Debtor. HOWCO LEASING CORPORATION, an Oregon corporation and Howard-Cooper Corporation, an Oregon corporation, Plaintiffs, v. ALEXANDER DISPOS-HAUL SYSTEMS, INC., an Oregon corporation, and Robert Morrow, Trustee, Defendants, and Aid Disposal and Recycling Services, Inc.; One-Way Disposal Service, Inc.; and Plew's Drop Box Service, Inc., Oregon corporations, Intervenors.

United States Bankruptcy Court, D. Oregon.

December 30, 1983.

Attorney(s) appearing for the Case

John M. Berman, Portland, Or., for plaintiffs.

Kevin D. Padrick, Portland, Or., for trustee.

Ronald A. Watson, Portland, Or., for Plews.

FINDINGS OF FACT AND CONCLUSIONS OF LAW ALLOWING FORECLOSURE BY PLAINTIFFS

DONAL D. SULLIVAN, Bankruptcy Judge.

Howco Leasing Corporation ("Howco") filed a complaint to permit foreclosure of its security interest under 11 U.S.C. § 362 against most of the remaining assets of the debtor, Alexander's Dispos-Haul Systems, Inc., ("ADS"). The trustee for ADS counterclaimed, seeking a judgment avoiding the security interest of Howco as fraudulent under 11...

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