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IN RE AMERICAN HEARTLAND SAGEBRUSH SECURITIES

No. 05-50761 RJL 11.

334 B.R. 848 (2005)

In re AMERICAN HEARTLAND SAGEBRUSH SECURITIES INVESTMENTS, INC., aka Sagebrush Securities & Financial Services, Inc., aka Sagebrush Securities, American Heartland, Inc., Debtor.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

November 7, 2005.

Attorney(s) appearing for the Case

Don D. Sunderland, Mullin, Hoard & Brown, LLP, Amarillo, TX, for Morris A. Turner, James Cathey, Rhonda Cathey, Creditors.

Max Ralph Tarbox, Law Offices of Max R. Tarbox, Lubbock, TX, for American Heartland Sagebrush Securities Investments, Inc., Debtor In Possession.

Frederic M. Wolfram, Wolfram Law Firm, P.C., Amarillo, TX, for Sarah Harp, Patty Hartin, Creditors.

Charles Coleman Young, Templeton, Smithee, Hayes, Heinrich, Amarillo, TX, for Catherine Kimbell, Leasa Taylor, Creditors.

MEMORANDUM OPINION

ROBERT L. JONES, Bankruptcy Judge.

Before the Court are three motions to dismiss, one filed by James Cathey, Rhonda Cathey, and Morris A. Turner, one by Leasa Taylor, and one by Catherine Kimbell. The moving parties contend the debtor American Heartland Sagebrush Securities, Inc., aka Sagebrush Securities & Financial Services, Inc., aka Sagebrush Securities, American Heartland, Inc. is not an eligible debtor, thereby depriving...

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