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IN RE EBEL

Civ. A. No. 92-K-177, Bankruptcy No. 90-10360 DEC, Adv. No. 91-1158 DEC.

144 B.R. 510 (1992)

In re Clarence Joseph EBEL, Jr., d/b/a Haystack Mountain Golf Course and Driving Range, d/b/a Golf Haystack, SSAN: 342-24-5731, Debtor. Lois J. EBEL, Plaintiff-Appellant, v. Clarence Joseph EBEL, Jr., and Dennis King, Interim Trustee, Defendants-Appellees, and Robert Kayne E. Warren Goss, and W.F. Robinson, III, Intervenors-Appellees.

United States District Court, D. Colorado.

September 11, 1992.

Attorney(s) appearing for the Case

Nancy D. Miller, Denver, Colo., Michael R. Enwall, French & Stone, Boulder, Colo., for Lois Ebel.

J. William Barnett, Longmont, Colo., for Dennis King.

George P. Bryson, Longmont, Colo., for Kayne, Goss & Robinson.

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

This case is before me on an appeal from the bankruptcy court by Lois J. Ebel, the debtor's former wife. On December 9, 1991, the bankruptcy court dismissed her complaint to force the trustee to abandon a ½ interest in the Haystack Mountain Golf Course and Driving Range ("golf course"). The bankruptcy court found that the trustee's interest in the property as hypothetical judgment lienor, pursuant...

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