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IN RE GIBSON

Bankruptcy No. 05-43076, Adversary No. 05-8126.

349 B.R. 54 (2006)

In re Francis Lee GIBSON, Jr., Debtor. Allied Capital, Inc., a New Mexico corporation, Plaintiff, v. Francis Lee Gibson, Jr., Defendant.

United States Bankruptcy Court, D. Idaho.

March 14, 2006.

Attorney(s) appearing for the Case

D. Blair Clark, Ringert Clark Chartered, Boise, ID, Attorney for Debtor.

Randall Peterman, Moffatt, Thomas, Barrett, Rock & Fields, Boise, ID, Attorney for Allied Capital, Inc.

Gary D. Rainsdon, Twin Falls, ID, Chapter 7 Trustee.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Background

Creditor/ Plaintiff Applied Capital, Inc. filed a joint motion in Debtor/Defendant Francis Gibson's bankruptcy case requesting stay relief and asking the Court to abstain from hearing an adversary proceeding it has filed so it may proceed with certain litigation pending in the United States District Court for the District of New Mexico. Debtor objected to the motion. A hearing was...

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