LINDSEY, STEPHENSON & LINDSEY v. F.D.I.C.

No. 2:92-CV-0061-J.

158 B.R. 75 (1992)

LINDSEY, STEPHENSON & LINDSEY, d/b/a Great Plains Land & Cattle, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION and Walter O'Cheskey, Appellee.

United States District Court, N.D. Texas, Amarillo.

October 29, 1992.


Attorney(s) appearing for the Case

Don Patterson, Culton, Morgan, Britain & White, Amarillo, TX, for petitioner.

Thomas A. Bunkley, Jr., Lumpkin, Barras, Reavis & Bunkley, Amarillo, TX, for respondent.

Walter O'Cheskey, Lubbock, TX, Trustee.


ORDER AFFIRMING BANKRUPTCY COURT DECISION

MARY LOU ROBINSON, District Judge.

Before the Court is the appeal of the debtor, Lindsey, Stephenson & Lindsey, from a final judgment relieving the automatic stay and dismissing Chapter 12 proceeding of the Bankruptcy Court entered on July 1, 1991.

The main issue on appeal is whether the Bankruptcy Court erred in concluding that the non-recourse note secured by a mortgage held by the FDIC could be included...

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