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IN RE FINOVA CAPITAL CORP.

Bankruptcy No. 01-00698 (PJW). Adversary. No. 06-50823.

358 B.R. 113 (2006)

In Re: FINOVA CAPITAL CORPORATION, Reorganized Debtor. Finova Capital Corporation, Plaintiff, v. Marc P. Cote and Eugina C. Cote D/B/A Chester Drug Store and Marc P. Cote, Defendants.

United States Bankruptcy Court, D. Delaware.

December 11, 2006.

Attorney(s) appearing for the Case

Mark D. Collins, Michael J. Merchant, Richards, Layton & Finger, P.A., Wilmington, DE, Byron L. Saintsing, Smith Debnam Narron Wyche, Saintsing & Myers, L.L.P., Raleigh, NC, Karen McKinley, Michael Joseph Merchant, Richards Layton & Finger, P.A., Wilmington, DE, for Finova Capital Corporation.

Lisa Chalidze, Benson, VT, for Marc P. Cote And Eugina C. Cote D/B/A Chester Drug Store and Marc P. Cote.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to defendants Marc P. Cote and Eugina C. Cote's (the "Defendants") motion (Adv.Doc. # 5) for abstention and to dismiss the complaint of plaintiff FINOVA Capital Corporation (the "Plaintiff"). The Plaintiff, a reorganized debtor who filed for bankruptcy in this Court on March 7, 2001, brings this adversary proceeding against the Defendants, residents of Windsor, Vermont and...

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