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IN RE SPADE

No. CIV.A. 00-K-1370. Bankruptcy No. 00-11002 DEC.

255 B.R. 329 (2000)

In re Robert A. SPADE, Debtor. ProFutures Special Equities Fund, L.P., et al., Appellants, v. Robert A. Spade, Appellee.

United States District Court, D. Colorado.

November 16, 2000.

Attorney(s) appearing for the Case

Peter C. Houtsma, Holland & Hart, LLP, Denver, CO, for Robert A. Spade.

James T. Markus, Block, Markus and Williams, LLC, Denver, CO, for ProFutures Special Equity Fund, L.P.

Victor M. Morales, Clanahan, Tanner, Downing & Knowlton, P.C., Denver, CO, for Gary Schlessman, Lee E. Schlessman, Cal Rickel, and Amanda Rickel.

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

This is an appeal of the bankruptcy court's decision to dismiss, under the abstention provisions of 11 U.S.C. § 305(a), the involuntary bankruptcy petition of Debtor Slade. The petition was filed in February 2000 by Slade creditors ProFutures Special Equity Fund L/P., Gary Schlessman and Lee Schlessman and was later joined by creditors Cal and Amanda Rickel (collectively, the "Creditors"). At...

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