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IN RE EADS

Bankruptcy No. 91-20795-C-7, Adv. No. 91-2176.

135 B.R. 380 (1991)

In re Bill J. EADS and Patsy Eads, Debtors. Robert HAWKINS, Chapter 7 Trustee, Plaintiff, v. Bill J. EADS, individually and as successor or representative of Patsy Eads, deceased; Don Bricker Construction, Inc., a California Corporation; Oakhurst Meadows Estates, a California limited partnership; and Don Bricker, individually, Defendants. DON BRICKER CONSTRUCTION, INC.; Oakhurst Meadows Estates; and Don Bricker, Third-Party Plaintiffs, v. John DUFFY, individually; and GTY & Associates, Inc., a California Corporation, Third-Party Defendants.

United States Bankruptcy Court, E.D. California.

December 30, 1991.

Attorney(s) appearing for the Case

Robert H. Scribner, W. Richard Lee, Hanno T. Powell (argued), Kimble, MacMichael & Upton, Fresno, Cal., for plaintiff.

David Ray Jenkins, David Silva (argued), Lang, Richert & Patch, Fresno, Cal., for Bill J. Eads and successor of Patsy Eads.

MEMORANDUM DECISION ON MOTION TO SUBSTITUTE PROPER PARTY

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

The death of Patsy Eads, who is a debtor in this bankruptcy case and a defendant in this adversary proceeding, occasions this decision regarding the effect of death in the context of a bankruptcy case and an adversary proceeding. I write because of the dearth of reported decisions on: (1) procedure following death of a debtor; (2) procedure following death of...

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