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IN RE AMERICAN PROPERTIES, INC.

Bankruptcy No. 82-0375, Adv. No. 80-40156.

30 B.R. 235 (1983)

In re AMERICAN PROPERTIES, INC., Debtor. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Plaintiff, v. COLEMAN AMERICAN PROPERTIES, INC., A Kansas Corporation, Defendant.

United States Bankruptcy Court, D. Kansas.

May 15, 1983.

Attorney(s) appearing for the Case

Phillip S. Harness, Asst. County Counsellor, Olathe, Kan., for Johnson County Board of County Com'rs.

R. Pete Smith and Chris W. Henry, of McDowell, Rice & Smith, Kansas City, Kan., for debtor.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding, upon the debtor's motion for reconsideration, issues of notice are presented.

The issues presented for determination are:

1. Was proof of mailing shown by the debtor, sufficient to create a presumption that notice was received.

2. Was notice that the debtor was disputing the creditor's claim constitutionally sufficient to bar filing of a claim...

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