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IN RE ATKINSON

Bankruptcy Nos. 286-20497-11, 286-20499-11.

126 B.R. 713 (1991)

In re G.M. ATKINSON and Vivian Atkinson, Debtors. In re E.D. ATKINSON, Debtor.

United States Bankruptcy Court, N.D. Texas, Amarillo Division.

May 3, 1991.

Attorney(s) appearing for the Case

Robin Green, Lubbock, Tex., for Russ.

O.M. Calhoun, Hinkle, Cox, Eaton, Coffield & Hensley, Amarillo, Tex., for the Trustees.

MEMORANDUM OF OPINION ON CLAIM OF PHILIP R. RUSS

JOHN C. AKARD, Bankruptcy Judge.

The Bankruptcy Trustees1 in the captioned cases objected to a secured claim filed by Philip R. Russ (Russ) for the following reasons:

A. That the applicable statute of limitations barred Russ from exercising his claim on a note and mortgage executed by the Debtors. The court finds that Russ may pursue his claim on the mortgage in this bankruptcy...

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