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IN RE FULTON

Bankruptcy No. 85A-00764.

52 B.R. 627 (1985)

In re Robert FULTON, Marilyn Fulton, Debtors.

United States Bankruptcy Court, D. Utah, C.D.

August 23, 1985.

Attorney(s) appearing for the Case

Anthony Schofield, Ray, Quinney & Nebeker, Provo, Utah, for First Security Bank.

Dean L. Zabriskie, Provo, Utah, for debtors.

MEMORANDUM OPINION

JOHN H. ALLEN, Bankruptcy Judge.

CASE SUMMARY

This matter is before the Court on the motion of First Security Bank of Utah to dismiss the debtors' Chapter 7 case on the ground that the debtors are ineligible to be debtors pursuant to Section 109(f) of the Bankruptcy Code. The Court is called upon to decide whether debtors whose joint petition under Chapter 7 was dismissed without prejudice because the debtors forgot to appear...

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