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IN RE JOHNSON

Bankruptcy No. 87-10585, Civ. No. 88-1270-K.

96 B.R. 326 (1989)

In re Curtis Reed JOHNSON, Debtor.

United States District Court, D. Kansas.

January 3, 1989.

Attorney(s) appearing for the Case

W. Thomas Gilman, Redmond, Redmond & Nazar, Sharon A. Self, Mid-Kansas Federal Sav. and Loan, Wichita, Kan., for debtor.

Royce Wallace, Wichita, Kan., trustee.

Patricia A. Reeder, Eidson, Lewis, Porter & Haynes, Topeka, Kan., for Kansas Bankers Ass'n, amicus curiae.

Dennis E. Shay, Calvin D. Rider, Smith, Shay, Farmer & Wetta, Wichita, Kan., for appellant.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

Home State Bank of Lewis, Kansas (the "Bank"), creditor, appeals from the bankruptcy court's confirmation of the Chapter 13 Plan of Curtis Reed Johnson, debtor. The Bank seeks reversal of the order confirming the plan on the ground the plan lacks feasibility, was not proposed in good faith, and improperly schedules a debt previously discharged in the debtor's Chapter 7 bankruptcy proceeding.

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