IN RE SMITH-DOUGLASS, INC.

Bankruptcy No. M-83-00478-5, Adv. No. M-84-0119-AP.

43 B.R. 616 (1984)

In re SMITH-DOUGLASS, INC., Debtor. SMITH-DOUGLASS, INC., Plaintiff, v. Fred J. SMITH, Jr., Irvin Smith and Smith Brothers Cattle Co., Defendants.

United States Bankruptcy Court, E.D. North Carolina.

October 23, 1984.


Attorney(s) appearing for the Case

Fred J. Smith, Jr., N. Hunter Wyche, Jr., Smith, Debnam, Hibbert & Pahl, Raleigh, N.C., for defendants.

Elizabeth F. Kuniholm, Tharrington, Smith & Hargrove, Raleigh, N.C., for plaintiff.


MEMORANDUM OPINION

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the defendants' request for voluntary abstention pursuant to 28 U.S.C. § 1334(c)(1).

On September 27, 1984 this court entered an order denying the defendants' request for mandatory abstention under 28 U.S.C. § 1334(c)(2). The court found that although this adversary proceeding brought by the debtor-in-possession to collect two accounts receivable totalling...

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