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IN RE MIDDLE PLANTATION OF WILLIAMSBURG, INC.

Bankruptcy No. 82-00130-NN.

36 B.R. 873 (1984)

In re MIDDLE PLANTATION OF WILLIAMSBURG, INC., Debtor.

United States Bankruptcy Court, E.D. Virginia, Newport News Division.

February 21, 1984.

Attorney(s) appearing for the Case

David Adams, Norfolk, Va. and Leslie Lilley, Virginia Beach, Va., Taylor, Walker & Adams, Norfolk, Va., for Long Hill Properties Joint Venture.

David Montague, Montague, Montague & Long Ltd., Hampton, Va., for Ronald Bensten, Trustee for Middle Plantation of Williamsburg, Inc.

W. Allen Maust, Hampton, Va., for Hab Baker, III.

Gene C. Griffin, Williamsburg, Va., for David Harmon.

Janet I. Farquharson, Patten, Wornom & Watkins, Newport News, Va., for Hall, Cottman, Garrison & Roseberry, Certified Public Accountants.

Herbert V. Kelly, Jones, Blechman, Woltz & Kelly, P.C., Newport News, Va., for Eric Walstrom.

IN WHICH WE FIND BANKRUPTCY RULE 3003 UNCONSTITUTIONAL, IN PART

HAL J. BONNEY, Jr., Bankruptcy Judge.

The Bankruptcy Code is a remarkable improvement over the Bankruptcy Act. Among its many virtues are efforts to eliminate the necessity of creditors having to file claims in certain instances. Consider § 1111(a):

A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules...

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