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IN RE BUMGARDNER

Bankruptcy No. 95-00345.

183 B.R. 224 (1995)

In re BUMGARDNER, Earl M. and Bumgardner, Helen E., Debtors.

United States Bankruptcy Court, D. Idaho.

May 8, 1995.

Attorney(s) appearing for the Case

Louis Garbrecht, Coeur d'Alene, ID, for debtors.

Richard J. Hayden, Coeur d'Alene, ID, for Ford Motor Credit Co.

L.C. Spurgeon, Trustee.

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Bankruptcy Judge.

Pursuant to 11 U.S.C. § 365, Ford Motor Credit Company ("FMCC") moves to require debtors, Earl M. Bumgardner and Helen E. Bumgardner, to assume or reject an unexpired lease. The debtors contend the agreement is a sale and security transaction, not a lease.

THE AGREEMENT

The debtors and Wendle Ford/Nissan/Isuzu Sales, Inc. ("Wendle Ford") entered into the agreement in...

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