IN RE AMAREX, INC.

Bankruptcy No. Bk-82-02335, Adv. No. 82-0182.

30 B.R. 763 (1983)

In re AMAREX, INC., Debtor. TWELVE PERCENT SECURED NOTEHOLDERS and Continental Illinois National Bank & Trust Company of Chicago, Trustee, Plaintiffs, v. AMAREX, INC., Defendant.

United States Bankruptcy Court, W.D. Oklahoma.

June 20, 1983.


Attorney(s) appearing for the Case

Edith H. Jones and Hugh M. Ray of Andrews & Kurth, Houston, Tex., Fred E. Weinberg, Daniel A. Zimmerman and David M. Friedman of Finley, Kumble, Wagner, Heine, Underberg & Casey, New York City, and Richard F. Campbell of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., for Twelve Percent Secured Noteholders.

David Curry of Mayer, Brown & Platt, Chicago, Ill., for Continental Ill. Nat. Bank & Trust Co. of Chicago.

David Kline of Kline & Kline, Oklahoma City, Okl., Robert O. Isaac, Gen. Counsel, Amarex, Inc., Houston, Tex., John L. King of Rochelle, King & Balzersen, Dallas, Tex., and Jerome W. Johnson of Underwood, Wilson, Berry, Stein & Johnson, Amarillo, Tex., for Amarex, Inc.

Frank R. Monroe and Patrick L. Hughes of Sheinfeld, Maley & Kay, Houston, Tex., for amicus curiae.


DECISION

RICHARD L. BOHANON, Bankruptcy Judge.

This matter has been heard upon the complaint of the plaintiffs, Twelve Percent Noteholders,1 seeking to terminate the automatic stay or a judgment declaring that the stay does not apply. The Noteholders want possession of some $2.4 million held by the bank-trustee in partial payment of obligations of the debtor in possession, Amarex, Inc., to the Noteholders. The court has heard...

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