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IN RE ARMSTRONG

Bankruptcy No. 87-30388.

84 B.R. 94 (1988)

In re Eddie F. ARMSTRONG and wife Rebecca R. Armstrong, Debtors.

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

March 14, 1988.

Attorney(s) appearing for the Case

Roger N. Havekost, Johnson & Havekost, El Paso, Tex., for debtors.

Nelson Smith, Diamond, Rash, Leslie & Smith, El Paso, Tex., for movant.

OPINION AND ORDER

LEIF M. CLARK, Bankruptcy Judge.

REMCO El Paso ("REMCO"), a furniture and appliance leasing and sales company has moved to compel assumption or rejection of its lease in this Chapter 13 case. Debtor responds by stating that the agreement in question is not a lease at all but a conditional sales contract. The chapter 13 plan proposes to cure the arrearages due over the life of the plan. The lease contains two specific clauses which the Court...

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