IN RE CLAYTER

Bankruptcy No. 93-20969. Adv. No. 94-6013.

174 B.R. 134 (1994)

In re Roy V. CLAYTER and Joyce E. Clayter, Debtors. Roy V. CLAYTER, Joyce E. Clayter, and Lance Clayter, Plaintiffs, v. Florence M. LARKIN, Security Financial & Mortgage Corporation, Thorne, Larkin, Brown, Inc. d/b/a Coldwell Banker, Thorne, Larkin, Brown Realtors, Larkin Homes, Inc. and Larry D. Nicholas, Defendants.

United States Bankruptcy Court, D. Kansas.

October 5, 1994.


Attorney(s) appearing for the Case

Ronald M. Baugh, Kansas City, MO, for Debotors and Lance Clayter.

Stanley E. Oyler of Ascough, Eschmann, Oyler, P.A., Topeka, KS, for Florence M. Larkin, Thorne, Larkin, Brown, Inc. d/b/a Coldwell Banker, Thorne, Larkin, Brown Realtors and Larkin Homes, Inc.

A. Bradley Bodamer of Morrison & Hecker, Overland Park, KS, for Security Financial & Mortg. Corp.


MEMORANDUM OPINION

JOHN T. FLANNAGAN, Bankruptcy Judge.

The Court decides that it lacks jurisdiction over this adversary complaint1 but in the alternative, even if it has jurisdiction, it should abstain.

Debtors filed for relief under Chapter 13 on May 18, 1993. Their Schedule A lists real property located at 2804 16th Street, Leavenworth, Kansas, at a value of $73,000...

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