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MATTER OF BOOTHE

Bankruptcy No. BK87-666, Adv. No. A87-0381.

84 B.R. 636 (1988)

In the Matter of William BOOTHE, Debtor. PHOENIX FEDERAL SAVINGS, Plaintiff, v. William BOOTHE, Debtor, Defendant.

United States Bankruptcy Court, D. Nebraska.

April 14, 1988.

Attorney(s) appearing for the Case

John C. Hahn of Jeffrey, Hahn, Hemmerlinger & Wade, P.C., Lincoln, Neb., for debtor.

Robert B. Creager of Berry, Anderson, Creager & Wittstruck, P.C., Lincoln, Neb., for creditor-plaintiff, Phoenix Federal Sav.

MEMORANDUM AND ORDER

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

THIS MATTER comes before the Court on Motion for Rehearing by Creditor-Plaintiff (Fil. # 7, January 26, 1988), and Order of this Court (Fil. # 24, in BK87-666) dated January 15, 1988, which sustained Debtor-Defendant's Motion to Dismiss (Fil. # 4, November 12, 1987).

FACTS

The issue presented involves whether the filing of a complaint without paying the filing fee is effective...

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