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SCHLOSSER v. BANK OF WESTERN INDIANA

No. 23A01-9112-CV-371.

589 N.E.2d 1176 (1992)

Harold B. SCHLOSSER and Mary M. Schlosser, Appellants-Plaintiffs, v. BANK OF WESTERN INDIANA, Appellee-Defendant.

Court of Appeals of Indiana, First District.

Rehearing Denied May 28, 1992.

Attorney(s) appearing for the Case

Jay T. Seeger, Gambs, Mucker, Bauman & Seeger, Lafayette, for appellants-plaintiffs.

Richard S. Ewing, Douglas R. Brown, William N. Ivers, Stewart & Irwin, Indianapolis, for appellee-defendant.

BAKER, Judge.

Plaintiffs-appellants Harold B. and Mary M. Schlosser (the Schlossers) appeal the trial court's dismissal of their action filed against defendant-appellee Bank of Western Indiana (BWI). The trial court granted BWI's motion to dismiss the Schlossers' complaint because the Schlossers failed to list their cause of action against BWI in their earlier Chapter 11 bankruptcy reorganization plan. Two issues are raised for our review, which we restate as:

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