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IN RE FRIESE

Bankruptcy No. 5-82-01230.

28 B.R. 953 (1983)

In re John H. FRIESE and Deborah H. Friese, Debtors.

United States Bankruptcy Court, D. Connecticut.

April 15, 1983.

Attorney(s) appearing for the Case

Barbara Hadley Katz, DiPietro, Kantrovitz & Brownstein, P.C., New Haven, Conn., for debtors.

Frederick S. Ury, Sherwood, Garlick, Cowell, Joblin, Diviney & Atwood, P.C., Westport, Conn., for creditor, Westport Bank and Trust Co.

Daniel Meister, Norwalk, Conn., Chapter 7 trustee.

MEMORANDUM AND ORDER ON AGREEMENT NOT TO SELL OR ENCUMBER

ALAN H.W. SHIFF, Bankruptcy Judge.

The principal issue arising in this matter concerns the significance of a prepetition "Agreement Not To Sell Or Mortgage" executed in favor of a creditor and recorded on the land records in Stamford, Connecticut.

I.

On October 25, 1982, the debtors filed a joint voluntary petition under Chapter 7 of the Bankruptcy Code. Previously, on March 23,...

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