IN RE B & B ENTERPRISE

Bankruptcy No. 85-00138(SE), Adv. No. 86-0046(SE).

69 B.R. 45 (1986)

In re B & B ENTERPRISE, a partnership, Debtor. B & B ENTERPRISE, Plaintiff, v. BANK OF PERRYVILLE, Defendant.

United States Bankruptcy Court, E.D. Missouri, Southeastern Division.

October 30, 1986.


Attorney(s) appearing for the Case

Peter D. Kerth, Clayton, Mo., for plaintiff.

Paul H. Berens, Cape Girardeau, Mo., for defendant.

Jim S. Green, Sikeston, Mo., for Creditors' Committee.


MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

INTRODUCTION

On April 17, 1985, B & B Enterprise, a partnership ("B & B"), filed its voluntary Chapter 11 petition. On August 21, 1986, B & B filed a two count Complaint For Declaratory And Injunctive Relief against the Bank of Perryville (the "Bank"). In Count I, B & B alleged that it owned 580 acres of real estate in Perry County and Ste. Genevieve County, Missouri. B &...

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