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IN RE CAPTAIN BLYTHERS, INC.

BAP No. NC-03-1372-BAP. Bankruptcy No. 98-45385-JT. Adversary No. 02-7171.

311 B.R. 530 (2004)

In re CAPTAIN BLYTHERS, INC., Debtor. Captain Blythers, Inc., Appellant, v. Tevis T. Thompson, Jr., Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed June 18, 2004.

Attorney(s) appearing for the Case

David N. Kuhn, Piedmont, CA, for Captain Blythers, Inc.

Daniel M. Linchey, Goldberg, Stinnett, Meyers & Davis, San Francisco, CA, for Tevis T. Thompson, Jr., Trustee.

Before BRANDT, AHART and PERRIS, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

Reorganized debtor Captain Blythers, Inc., operated under its confirmed chapter 112 plan for a considerable period. In addition to providing for ongoing operation, its plan called for continuing litigation of a major claim against its landlord, and application of any recovery to payment of creditors. Ultimately concluding that it could not continue to operate, Captain Blythers sold its other...

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