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MATTER OF SPILSBURY

Bankruptcy No. BK-LV-80-636, Adv. No. 800089.

5 B.R. 578 (1980)

In the Matter of Jerald Mac SPILSBURY, aka Jerry Spilsbury, Debtor. Frank and Sue CARACCIOLO, Plaintiffs, v. Jerald Mac SPILSBURY, aka Jerry Spilsbury, Defendant.

United States Bankruptcy Court, D. Nevada.

Order Denying Motion to Alter or Amend Judgment August 21, 1980.

Attorney(s) appearing for the Case

Jones & Holt by Robert C. Jones, Las Vegas, Nev., for plaintiffs.

Rose, Edwards, Hunt & Pearson, Ltd. by Keith Edwards, Las Vegas, Nev., and Lewis & Roca by Gerald K. Smith, Phoenix, Ariz., for debtor.

OPINION AND DECISION

BERT GOLDWATER, Bankruptcy Judge.

This is an adversary action by the debtors in possession in a pre-Code Chapter XII case to vacate the automatic stay in this Chapter 11 case filed by the buyer of real property through a Court confirmed sale in the Chapter XII case. Defendant Spilsbury purchased land and a casino building in Las Vegas from plaintiffs' Chapter XII estate pursuant to a Court order confirming the sale on February 7, 1979...

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