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IN RE PAYNE

Bankruptcy Nos. 81-40899, 82-10168 and 82-10485, Adv. Nos. 82-0210, 82-0534.

27 B.R. 809 (1983)

In re Mark Emmett PAYNE d/b/a Mark's Skelly Service, Winifred Arlene Payne, Debtors. In re Burrell Raymond BROWN a/k/a Burrel R. Brown d/b/a Better Roofing and Siding Co., Debtor. Fletcher BELL, in his capacity as Commissioner of Insurance of the State of Kansas and Administrator of the Kansas Workmen's Compensation Fund, Plaintiff, v. Burrel R. BROWN d/b/a Better Roofing and Siding Co., Defendant. Fred D. (IO) Watts Opal Wadine Watts a/k/a Shorty Watts, Debtors. Fletcher BELL, in his capacity as Commissioner of Insurance of the State of Kansas and Administrator of the Kansas Workmen's Compensation Fund, Plaintiff, v. Fred D. (IO) WATTS Opal Wadine Watts a/k/a Shorty Watts, Defendants.

United States Bankruptcy Court, D. Kansas.

February 23, 1983.

Attorney(s) appearing for the Case

F. Stannard Lentz of Hamill, Lentz, Neill & Dwyer, Mission, Kan., for Ins. Com'r.

Eric K. Johnson of Schroeder, Heeney, Groff & Hiebert, P.A., Topeka, Kan., for the Paynes.

Lloyd C. Swartz, Topeka, Kan., trustee.

Steven J. Rupp of Curfman, Harris, Stallings, Grace & Snow, Wichita, Kan., for Burrel Brown.

Christopher J. Redmond of Redmond, Redmond, O'Brien & Nazar, Wichita, Kan., trustee.

Leonard F. Watkins, Jr., Wichita, Kan., for Fred and Opal Watts.

Mark A. Dickerson, Wichita, Kan., trustee.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In these three cases, consolidated for decision because of common issues of law pursuant to F.R.Civ.P. 42(a) and Bankr.Rl. 742, the Court must determine whether obligations and contingent obligations owed to the Kansas Insurance Commissioner are priority taxes in bankruptcy. The Paynes have filed a chapter 13 proceeding. Burrel Brown has filed a chapter 7 petition in bankruptcy. The Watts have also...

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