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IN RE CUMMINS

Bankruptcy No. 91-16453 S, Adv. No. 92-6508.

157 B.R. 657 (1993)

In re Larry CUMMINS. Thomas E. HAYS, Jr.; Larry Cummins Chevrolet, Inc.; Cummins Chevrolet & Geo, Inc.; and Coke Chevrolet Company, Plaintiffs, v. Larry CUMMINS, Defendant. Larry CUMMINS, Counterclaimant, v. Thomas E. HAYS, Jr.; Larry Cummins Chevrolet, Inc.; Cummins Chevrolet & Geo, Inc.; and Coke Chevrolet Company, Counterclaim Defendants, James F. Dowden, Trustee, Intervenor.

United States Bankruptcy Court, W.D. Arkansas, Hot Springs Division.

May 12, 1993.

Attorney(s) appearing for the Case

William Waddell, Little Rock, AR, for plaintiffs.

Richard Crockett, Little Rock, AR, for defendant.

ORDER DENYING MOTION TO AMEND

MARY D. SCOTT, Bankruptcy Judge.

Before the Court is the Motion to File Amended Pleadings filed by the debtor on April 22, 1993. The debtor seeks to amend his counterclaim to add or expand causes of action sounding in tort. The basis of the motion to amend is that the causes of action are personal to the debtor and do not belong to the trustee such that the debtor should be permitted to pursue the causes of action. Among...

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