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IN RE MIDPOINT DEVELOPMENT, L.L.C.

No. BK-04-16795-BH.

313 B.R. 486 (2004)

In re MIDPOINT DEVELOPMENT, L.L.C., Debtors.

United States Bankruptcy Court, W.D. Oklahoma.

August 19, 2004.

Attorney(s) appearing for the Case

Douglas N. Gould, Oklahoma City, OK, for Creditor-Movant, Gary West, Trustee of the 1990 Grieser Trust.

Jimmy K. Goodman, William H. Hoch, Reagan D. Allen, Crowe & Dunlevy, P.C., Oklahoma City, OK, for Creditor-Movant, Claudia Holliman.

Michael Paul Kirschner, Lorrie A. Corbin, Kirschner Law Firm, Oklahoma City, OK, Bobbie G. Bayless, Bayless & Stokes, Houston, TX, for Debtor-Respondent, Midpoint Development, L.L.C.

ORDER DENYING JOINT MOTION TO DISMISS PETITION

RICHARD L. BOHANON, Bankruptcy Judge.

For the reasons set forth below, the Court hereby denies the joint motion to dismiss the petition asserting that the Debtor is ineligible to be a debtor under the Bankruptcy Code.

Background

Creditors Claudia Holliman and Gary West, Trustee of the 1990 Grieser Trust, ("the Movants") jointly seek dismissal of the Debtor's Chapter 11 petition...

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