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IN RE MEWES

Bankruptcy No. 385-00043, Adv. No. 385-0022.

58 B.R. 124 (1986)

In re Mervin Richard MEWES and Doris Louise Mewes, d/b/a Ranchers, Debtors. Mervin Richard MEWES and Doris Louise Mewes, Plaintiffs, v. BANKWEST OF SOUTH DAKOTA, Defendant.

United States Bankruptcy Court, D. South Dakota.

March 5, 1986.

Attorney(s) appearing for the Case

John Harmelink, Harmelink Law Offices, Yankton, S.D., for debtors/plaintiffs.

Brent A. Wilbur, May, Adam, Gerdes & Thompson, Pierre, S.D., for defendant.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

I. Introduction

This matter is before the Court on a complaint for violation of automatic stay and for turnover of property to the estate filed on behalf of Mervin Richard Mewes and Doris Louise Mewes ("Debtors") by Attorney Thomas M. Tobin, Aberdeen, South Dakota, on June 4, 1985. Debtors substantively allege that: 1) BankWest's offset of their ranch checking account violated the automatic...

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