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IN RE BOUMA

Bankruptcy No. 81-01188 M A, Adv. No. 81-0803 M.

32 B.R. 619 (1983)

In re William E. BOUMA, Debtor. AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION, a federally chartered savings and loan association, Plaintiff, v. William E. BOUMA and N. Kathleen Bouma, his wife, First National Bank in Albuquerque, a nationally chartered banking institution, Robert and Jule Bouma, Lois and Rolf Wollan, Dove Wholesale Pet Supply, and Don Becker, trustee, Defendants.

United States Bankruptcy Court, D. New Mexico.

August 30, 1983.

Attorney(s) appearing for the Case

Michael D. Bustamante, Stuart Hines, Albuquerque, N.M., for plaintiff.

Jennie Deden Behles, Albuquerque, N.M., for defendant debtor.

Robert M. St. John, Max W. Shepherd, Albuquerque, N.M., for defendant FNBIA.

Donald D. Becker, Albuquerque, N.M., for defendant trustee.

Edward F. Barnicle, Jr., Asst. Atty. Gen., N.M. Taxation & Revenue Dept., Santa Fe, N.M.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court October 6, 1982, on the defendant trustee's Motion for Partial Summary Judgment on the plaintiff's Complaint for Relief from Automatic Stay or alternatively for Order of Abandonment or Sale and for Foreclosure.

The following facts are in the record and not disputed:

On November 18, 1975, the debtor executed a note and real estate mortgage to the plaintiff...

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