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IN RE FITCH

Bankruptcy No. 94-40071.

174 B.R. 96 (1994)

In re Larry Dean FITCH and Linda Sue Fitch, Debtors.

United States Bankruptcy Court, S.D. Illinois.

November 1, 1994.

Attorney(s) appearing for the Case

A. Courtney Cox, Atty., Benton, IL, for Bill Smith.

Darrell Dunham, Atty., Murphysboro, IL, for debtors.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The question presented by this case is whether an installment contract for the sale of a business to the debtors is an executory contract assumed by the debtors under § 365 or whether it constitutes a financing device granting the seller a secured claim that may be modified in the debtors' Chapter 12 plan.

Approximately a year prior to bankruptcy, debtors Larry and Linda Fitch entered into...

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