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IN RE LaVAIL

Bankruptcy No. 7-90-01693 M A, Adv. No. 92-1022 M.

144 B.R. 897 (1992)

In re Melvin Maurice LaVAIL, SS # 426-36-0906, and Betty Ray LaVail, SS # 585-30-8536, dba L & W Partnership and Tierra Real Subdivision, Debtors. VINDICATOR GROUP, INC., Plaintiff, v. Melvin M. LaVAIL, Betty R. LaVail, Albuquerque West 8 Limited Partnership, Albuquerque West 13 Limited Partnership, and Albuquerque West 15 Limited Partnership, Defendants.

United States Bankruptcy Court, D. New Mexico.

September 8, 1992.

Attorney(s) appearing for the Case

Donald D. Becker, Albuquerque, N.M., for plaintiff.

Robert M. Janes, Albuquerque, N.M., for defendants LaVail.

Gail Gottlieb, Albuquerque, N.M., for defendants partnerships.

MEMORANDUM OPINION

MARK B. McFEELEY, Chief Judge.

This matter came before the Court on the motion of Melvin M. LaVail and Betty R. LaVail for dismissal and in the alternative, for summary judgment. Having considered the motion, the briefs, the applicable law, and otherwise being fully informed and advised, the Court finds the motion is not well taken and will be denied.

FACTS

Defendant debtors filed a voluntary chapter 11 bankruptcy petition...

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