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IN RE WIN TRUCKING, INC.

Bankruptcy No. 98B-25814.

236 B.R. 774 (1999)

In re WIN TRUCKING, INC., a Utah corporation, Debtor.

United States Bankruptcy Court, D. Utah, Central Division.

July 27, 1999.

Attorney(s) appearing for the Case

David C. Johnston, Modesto, CA, for debtor.

William T. Neary, U.S. Trustee, Laurie A. Crandall, Assistant U.S. Trustee, Salt Lake City, UT.

Steve W. Lewis, Assistant Utah Attorney General, Salt Lake City, UT, for State of Utah, Utah State Tax Commission.

Weston L. Harris, Ray, Quinney and Nebeker, Salt Lake City, UT, for Navistar Financial Corporation.

Joel R. Dangerfield, Salt Lake City, UT, for debtor.

Mark H. Howard, Special Assistant U.S. Attorney, Salt Lake City, UT, for the U.S. Internal Revenue Service.

David E. Leta, Michael R. Johnson, Snell & Wilmer, Salt Lake City, UT, for Capital Associates of Jackson County, Inc.

MEMORANDUM DECISION AND ORDER

JUDITH A. BOULDEN, Bankruptcy Judge.

No plan was filed within the 160-day time limit imposed by 11 U.S.C. § 1121(e) in this Chapter 11 case in which the debtor elected to be treated as a small business. The debtor eventually filed a plan, but not until in excess of 300 days after the order for relief had expired. Still later, the Debtor filed a withdrawal of its small business election in an attempt to rectify the untimely...

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