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IN RE REVENSWOOD APARTMENTS, LTD.

No. 05-8017.

338 B.R. 307 (2006)

In re RAVENSWOOD APARTMENTS, LTD., Debtor. v. James F. O'Brien, Trustee, Robert S. Corbly, Glen A. Burns, and Carol Burns, Appellants, v. Ravenswood Apartments, Ltd., Appellee.

United States Bankruptcy Appellate Panel for the Sixth Circuit.

Decided and Filed February 17, 2006.

Attorney(s) appearing for the Case

J. Michael Debgeler, Katherine M. Lasher (on brief), Graydon Head & Ritchey LLP, Cincinnati, Ohio, for Appellants.

Mark Vanderlaan, John J. Schmidt (on brief), Dinsmore & Shohl LLP, Cincinnati, Ohio, for Appellee.

Before: GREGG, LATTA, and WHIPPLE, Bankruptcy Appellate Panel Judges.

OPINION

GREGG, Bankruptcy Judge.

James F. O'Brien, Trustee, Robert S. Corbly, Glen A. Bums and Carol Burns (the "Appellant,") appeal the bankruptcy court's order denying their motion to compel the Debtor to make payments under a land installment contract and to assume or reject the contract within a specified time period. For the reasons that follow, we find that the land installment contract is executory under controlling Sixth Circuit precedent and Ohio...

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