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MATTER OF CRAIG

Bankruptcy No. BK85-2418, Adv. No. A87-0184.

92 B.R. 394 (1988)

In the Matter of Robert L. CRAIG, Debtor. Robert L. CRAIG, Debtor and Debtor in Possession, By and Through the OFFICIAL CREDITORS COMMITTEE, Plaintiff, v. MINDEN EXCHANGE BANK & TRUST CO., A Banking Corporation, Defendant.

United States Bankruptcy Court, D. Nebraska.

November 1, 1988.

Attorney(s) appearing for the Case

David L. Crawford, Schmid, Mooney & Frederick, P.C., Omaha, Neb., for plaintiff, Official Creditors' Committee.

William R. Hadley, Westergren, Hauptman, O'Brien, Wolf & Hadley, P.C., Omaha, Neb., for defendant, Minden Exchange Bank & Trust Co.

MEMORANDUM OPINION

JOHN C. MINAHAN, Jr., Judge.

On the eve of bankruptcy, the debtor, Robert Craig, granted a mortgage to the defendant, the Minden Exchange Bank & Trust Company (the "Bank"). In partial consideration for the mortgage, the Bank loaned funds to the debtor, which were immediately used by the debtor to make a payment to the Bank on an obligation of a third party to the Bank which the debtor had guaranteed. The Official Creditors' Committee...

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