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IN RE ROSAGE

Bankruptcy No. 85-605.

82 B.R. 389 (1987)

In re Glenn R. ROSAGE and Doris J. Rosage, husband and wife, and Glenn R. Rosage t/d/b/a Westwood Garden Haven, Debtors.

United States Bankruptcy Court, W.D. Pennsylvania.

November 30, 1987.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for debtors.

Donald L. Phillips, Phillips and Galanter, Pittsburgh, Pa., for Conaway, Inc.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

In this dispute the Court is presented with a creditor's election, pursuant to 11 U.S.C. § 1111(b). Bankruptcy Rule 3014 provides that the election shall be made in writing and signed prior to the conclusion of the hearing on the Disclosure Statement or made at the hearing. On about May 27, 1987, the creditor, Conaway, Inc. ("Conaway"), complied with Bankruptcy Rule 3014 and filed its election...

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