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IN RE RUTI-SWEETWATER, INC.

No. 85-1390.

836 F.2d 1263 (1988)

In re RUTI-SWEETWATER, INC.; Sweetwater; Resort Systems; Sweetwater Properties; Timeshare Realty, Inc.; First Western Security; Sweetwater Park; Sweetwater Condoshare Exchange, Debtors. Allan HEINS; Janet Heins; and Hildegard Heins, Appellants, v. RUTI-SWEETWATER, INC.; Sweetwater; Resort Systems; Sweetwater Properties; Timeshare Realty, Inc.; First Western Security; Sweetwater Park; Sweetwater Condoshare Exchange, Appellees.

United States Court of Appeals, Tenth Circuit.

January 8, 1988.

Attorney(s) appearing for the Case

Richard F. Bojanowski (Peter J. Kuhn with him on the brief), Salt Lake City, Utah, for appellants.

Jeffrey C. Swinton and Ronald L. Dunn of Woodbury, Bettilyon, Jensen, Kesler & Swinton, Salt Lake City, Utah, Michael Z. Hayes, Mazuran, Verhaaren & Hayes, Salt Lake City, Utah, (on the brief), for appellees.

Before HOLLOWAY, Chief Judge, BALDOCK, Circuit Judge, and BARRETT, Senior Circuit Judge.

BARRETT, Senior Circuit Judge.

Allan Heins, Janet Heins and Hildegard Heins, hereinafter collectively referred to as "Heins" or appellants, seek reversal of an order of the district court affirming a bankruptcy ruling.

During the early 1980s, Ruti-Sweetwater and seven related entities, hereinafter referred to as "debtors" or "reorganized debtors," were actively engaged in the business of vacation time sharing. As structured, the debtors provided thousands...

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