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IN RE ZWEYGARDT

Civ. Nos. 90-4049-SAC, 90-4052-SAC, 90-4053-SAC and 90-4059-SAC, Bankruptcy Nos. 87-40632-11, 87-40634-11, 87-40644-11, 87-41259-11 and 87-41517-12.

149 B.R. 673 (1992)

In re Leonard ZWEYGARDT and Bernice Zweygardt, Ruben Zweygardt and Betty Zweygardt, Willard Zweygardt and Donna Zweygardt, Link Zweygardt and Jerri Zweygardt, Larry Schultz and Carolyn Schultz, Debtors.

United States District Court, D. Kansas.

December 31, 1992.

Attorney(s) appearing for the Case

Charles T. Engel, Cosgrove, Webb & Oman, Lauren M. Lowry, Woner, Glenn, Reeder, Lowry & Girard, Topeka, KS, for F.D.I.C.

Gary H. Hanson, Stumbo, Hanson & Hendricks, Topeka, KS, for debtors in No. 90-4049-SAC.

Calvin J. Karlin, Barber, Emerson, Springer, Zinn & Murray, Lawrence, KS, for Farm Credit Services fka Federal Land Bank of Wichita.

Charles T. Engel, Cosgrove, Webb & Oman, Topeka, KS, for Diversified Financial Planners, Inc.

Gary H. Hanson, Stumbo, Hanson & Hendricks, Topeka, KS, for debtors, appellees in No. 90-CV-4053 SAC.

MEMORANDUM AND ORDER

CROW, District Judge.

These consolidated cases come before the court on appeal and cross-appeal from decisions rendered by the bankruptcy court. Each of the debtors had issued promissory notes to the Citizens States Bank of St. Francis, Kansas. The Federal Deposit Insurance Corporation (FDIC)1, as receiver for the Citizens State Bank, claims that it held prepetition security interests in the proceeds of the...

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