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IN RE KOLD KIST BRANDS, INC.

No. CV 93-1578 DT.

158 B.R. 175 (1993)

In re KOLD KIST BRANDS, INC., a California Corporation, Debtor. Raymond J. SEDLACHEK, and Elizabeth Sedlachek, individually and as trustees of the Sedlachek Living Trust dated March 14, 1984, Appellants. v. NATIONAL BANK OF LONG BEACH, A National Banking Corporation, Appellee.

United States District Court, C.D. California.

July 19, 1993.

Attorney(s) appearing for the Case

Michael G. Fletcher, Frandzel & Share, Los Angeles, CA, for plaintiff/appellee National Bank of Long Beach, a National Banking Ass'n.

James L. Patison and J. Elliot McIntosh of McIntosh & Patison, Santa Ana, CA, for defendants/appellants Raymond J. Sedlachek and Elizabeth C. Sedlachek, individually and as trustees of Sedlachek Living Trust.

ORDER AFFIRMING THE BANKRUPTCY COURT'S ORDER REMANDING THE ADVERSARY PROCEEDING

TEVRIZIAN, District Judge.

Background

Kold Kist Brands, Inc. ("Kold Kist") commenced bankruptcy proceedings by filing a petition under Chapter 11 of the United States Bankruptcy Code on October 5, 1992 (the "Bankruptcy Action"). Kold Kist's shareholders include Raymond J. Sedlachek and his wife Elizabeth Sedlachek (the "Sedlacheks"). The Sedlacheks also...

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