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IN RE OVERLAND PARK FINANCIAL CORP.

Bankruptcy No. 94-21190-11-JTF, Civ.A. No. 03-2070-KHV.

300 B.R. 534 (2003)

In re OVERLAND PARK FINANCIAL CORPORATION, Debtor. Office of Thrift Supervision, Appellant, v. Overland Park Financial Corporation, Blackwell Sanders Peper Martin LLP, Anne P. Henry, U.S. Trustee, and Carl R. Clark, Chapter 11 Trustee, Appellees.

United States District Court, D. Kansas.

October 23, 2003.

Attorney(s) appearing for the Case

Martin Jefferson Davis, Office of Thrift Supervision, Washington, DC, Melanie D. Caro, Office of United States Attorney, Kansas City, KS, for Appellant.

Benjamin F. Mann, Kathryn B. Bussing, Blackwell, Sanders, Peper, Martin LLP, Kansas City, MO, for Appellee.

Carl R. Clark, pro se, Overland Park, KS, for Appellee.

MEMORANDUM AND ORDER

VRATIL, District Judge.

The Office of Thrift Supervision ("OTS") appeals the Order And Journal Entry Concerning September 26, 2002 Evidentiary Hearing (Doc. # 444), which the United States Bankruptcy Court for the District of Kansas entered November 27, 2002 in Case No. 94-21190-11-JTF. The bankruptcy court ruled that on the facts of this case, 11 U.S.C. § 365(o) does not preclude the debtor from paying the...

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