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IN RE BIRCH

Bankruptcy Nos. 80-610A, 80-610B.

72 B.R. 103 (1987)

In re Joseph Thomas BIRCH, Debtor. In re Sue Ellen BIRCH, Debtor.

United States Bankruptcy Court, D. New Hampshire.

March 31, 1987.

Attorney(s) appearing for the Case

J. Bradford Westgate, Nashua, N.H, for Sue Ellen Birch.

Dennis Bezanson, South Portland, Me., trustee, for Sue Ellen Birch.

Diane Puckhaber, Concord, N.H., trustee, for Joseph Birch.

Daniel Callaghan, Manchester, N.H., for James Dow.

Bertrand Zalinsky, Manchester, N.H., for Steven Rennie.

Andre Barbeau, Concord, N.H., for Dept. of Employment Sec.

MEMORANDUM DECISION AND ORDER DENYING CONSOLIDATION

JAMES E. YACOS, Bankruptcy Judge.

These cases have been before the court at a number of hearings at a question of whether the separate bankruptcy estates of the above-captioned husband and wife debtors should be substantively consolidated. The underlying controversy arises from the fact that the husband's estate has no nonexempt assets for distribution, whereas the wife's estate has some $50,000 available...

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