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IN RE RANCHO CHAMBERINO, INC.

Bankruptcy No. 87-30228.

77 B.R. 555 (1987)

In re RANCHO CHAMBERINO, INC., Debtor.

United States Bankruptcy Court, W.D. Texas, El Paso Division.

July 15, 1987.

Attorney(s) appearing for the Case

Bud Kirk, El Paso, Tex., for B.F.W. Enterprises, Inc.

Phyllis Bracher, El Paso, Tex., Chapter 12 Trustee.

Don Studdard, El Paso, Tex., for debtor.

MEMORANDUM OPINION

LARRY E. KELLY, Bankruptcy Judge.

This Chapter 12 case involves the difficult issue of whether a contract for deed, in which the Debtor is vendee, should be deemed an executory contract under Section 365 or a mortgage which can be dealt within a plan of reorganization. This issue is raised by Movant's Motion to Dismiss Chapter 12 Proceedings, or in the Alternative, for an Order Declaring that Executory Contract was not Lawfully Assumed...

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