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IN RE TWIN CITY POWER EQUIPMENT, INC.

No. 03-75909.

308 B.R. 898 (2004)

In re TWIN CITY POWER EQUIPMENT, INC. Debtor.

United States District Court, C.D. Illinois.

April 7, 2004.

Attorney(s) appearing for the Case

William T. Hundman, Law Offices of William T. Hundman, Bloomington, IL, James R. Jorgensen, S. Linn Perkins, Peoria, IL, David E. Runck, Minneapolis, MN, Mindy D. Smith, St. Louis, MO, for creditors.

James L. Magill, Peoria, IL, for U.S. Trustee.

John H. Stockman, Bloomington, IL, for debtor.

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether a John Deere Dealer Agreement is a non-assumable financial accommodation pursuant to 11 U.S.C. § 365(c)(2).

The material facts are not in dispute. The Debtor, Twin City Power Equipment, Inc., is a retail dealer of lawn and garden equipment. The Debtor carries brands such as Kubota, Toro, Lawn Boy, and Polaris. In addition, the Debtor is a John Deere lawn and garden...

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