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IN RE EWING

Civ. A. Nos. 85-K-1218, 85-K-1896, Bankruptcy No. 84-B-2134 M.

54 B.R. 952 (1985)

In re William Dudley EWING, Jr., Debtor. Albert M. CARLSON, Appellant, v. BURNS NATIONAL BANK OF DURANGO, Norwest Business Credit, Inc., Creditors/Appellees and William D. Ewing, Jr., Debtor/Appellee.

United States District Court, D. Colorado.

November 22, 1985.

Attorney(s) appearing for the Case

Theodore M. Smith, Inman, Erickson & Flynn, Denver, Colo., for Carlson.

Michael A. Berniger, Esq., Berniger, Berg, Sterling, Rioth & Diver, Colorado Springs, Colo., for Burns Nat. Bank.

Thomas J. Moore, Denver, Colo., for Norwest Business Credit.

Nancy D. Miller, Sterling & Miller, Denver, Colo., for Ewing.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Albert M. Carlson appeals two orders from the bankruptcy court. For the following reasons, I affirm the bankruptcy court's order of January 2, 1985. I reverse the bankruptcy court's order of July 5, 1985, and remand for a ruling on the merits.

BACKGROUND

Debtor, William Dudley Ewing, Jr., filed a voluntary Chapter 11 petition for bankruptcy on May 4, 1984. On September 7, 1984 Ewing signed...

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