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IN RE WHEELER TECHNOLOGY, INC.

BAP No. WW-91-1373 ROMe, Bankruptcy No. 90-33683T.

139 B.R. 235 (1992)

In re WHEELER TECHNOLOGY, INC., aka Wheeler Aircraft, Debtor. Hugh SMITH, Alexair, Inc., Appellants, v. WHEELER TECHNOLOGY, INC., Unsecured Creditors Committee, United States Trustee, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided January 16, 1992.

Attorney(s) appearing for the Case

Paul B. Snyder, Tacoma, Wash., for appellants.

J. Todd Tracy, Seattle, Wash., for appellees.

Before RUSSELL, OLLASON, and MEYERS, Bankruptcy Judges.

MEMORANDUM

RUSSELL, Bankruptcy Judge:

A creditor appeals from an order of the bankruptcy court removing him from the Unsecured Creditors' Committee for failure to comply with a court order to return goods in his possession that the debtor was attempting to redeem under Washington law. The order requiring the turnover of the goods was the result of a motion rather than an adversary proceeding as is required by the Bankruptcy Rules. The court subsequently...

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