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IN RE LACY

No. CIV.A.03-M-1681(MJW), Bankruptcy No. 00-23048-SBB.

304 B.R. 439 (2004)

In re Nesbit Lee LACY, a/k/a Lee Lacy, Debtor. Nesbit Lee Lacy, Appellant, v. Stinky Love, Inc., Appellee.

United States District Court, D. Colorado.

January 21, 2004.

Attorney(s) appearing for the Case

Lee M. Kutner, Kutner, Miller, Kearns, PC, Denver, CO, for Appellant.

Gregory L. Williams, Block, Markus and Williams, LLC, Denver, CO, Lawrence C. Hinkle, II, Alschuler, Grossman, Stein & Kahan, LLP, Santa Monica, CA, for Appellee.

MEMORANDUM OPINION AND ORDER

MATSCH, Senior District Judge.

Nesbit Lee Lacy ("Lacy" or "Debtor") appeals the August 21, 2003 order of the Bankruptcy Judge, converting the Debtor's bankruptcy proceeding from Chapter 11 to Chapter 7 pursuant to 11 U.S.C. § 1112(b). This court has appellate jurisdiction pursuant to 28 U.S.C. § 158(a). Because the Bankruptcy Judge erroneously concluded that the assets that were expressly vested in the Debtor in the...

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