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IN RE FLUGEL

Bankruptcy No. 95-13122-H13.

197 B.R. 92 (1996)

In re Karl Hans FLUGEL and Cheral Flugel, Debtors.

United States Bankruptcy Court, S.D. California.

May 19, 1996.

Attorney(s) appearing for the Case

Ronald L. Stadtmueller, Law Offices of Gerald H. Davis, San Diego, CA, for Debtors.

Thomas J. Polis, Marshack & Goe, Santa Ana, CA, for D.W.A. Smith 7 Company.

David L. Skelton, Chapter 13 Trustee, San Diego, CA.

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

Karl and Cheral Flugel, debtors herein, ("Debtors") have proposed a Chapter 13 plan which includes a "special provision" for the assumption of a lease of real property. D.W.A. Smith 7 Company (DWA), the lessor, opposes confirmation on the grounds that the Debtors may not assume the lease under divers provisions of Bankruptcy Code Section 365.

This Court has subject matter jurisdiction pursuant...

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