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IN RE C.P.M. CONST.

Bankruptcy No. 11-88-01647 M A.

124 B.R. 335 (1991)

In re C.P.M. CONSTRUCTION, a General Partnership, adba Morgan Construction, Clarence Morgan Construction, Morgan Brothers Construction, Paul Morgan Excavating, and Larry Morgan Construction, Employer ID No. 84-0788377, and Larry E. Morgan, dba Larry Morgan Construction, and Jeannie Denise Morgan, and Paul Alan Morgan, dba Paul Morgan Excavating, and Diane Annette Morgan, Debtors. In re CPM/MORGAN/MORGAN.

United States Bankruptcy Court, D. New Mexico.

February 13, 1991.

Attorney(s) appearing for the Case

John F. Caffrey, Albuquerque, N.M., for debtors.

Tila Fleming Hoffman, Albuquerque, N.M., for CIT.

P. Diane Webb, Asst. U.S. Trustee, Office of the United States Trustee, Albuquerque, N.M.

MEMORANDUM OPINION

MARK B. McFEELEY, Chief Judge.

This matter came before the Court on December 4, 1990, to consider confirmation of the debtors' second amended plan dated September 25, 1990. Two issues were raised by CIT Group/Equipment Financing, Inc. (CIT), and the Court continued the confirmation hearing pending the resolution of these issues. The Court must decide: 1) whether an amended proof of claim filed after the bar date will be allowed; and 2...

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