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IN RE FITZPATRICK

Bankruptcy No. 94-11604-MWV.

175 B.R. 436 (1994)

In re William FITZPATRICK and Joan Fitzpatrick, d/b/a The Clarendon Motel, Debtors.

United States Bankruptcy Court, D. New Hampshire.

December 2, 1994.

Attorney(s) appearing for the Case

Jennifer Rood, Backus, Meyer, Solomon & Rood, Manchester, NH, for debtors William and Joan Fitzpatrick.

H. Edward McBurney, Jr., William R. Battles, Battles, Bungeroth & McBurney, P.A., North Conway, NH, for creditors James E. & Joan B. Coyle.

Geraldine B. Karonis, Asst. U.S. Trustee, Manchester, NH.

Joseph D. Leverone, McLane, Graf, Raulerson & Middleton, Manchester, NH, for creditor Vanessa Eldridge.

MEMORANDUM OPINION

MARK W. VAUGHN, Bankruptcy Judge.

This matter came before the Court for hearing on November 30, 1994, on the debtors' motion to convert to Chapter 13 or, in the alternative, dismiss so that the debtors could re-file under Chapter 13. The question raised by the debtors' motion was whether the debtors, whose case was pending prior to enactment of the Bankruptcy Reform Act of 1994 and whose debts exceeded the allowable limits for Chapter...

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