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KANTAK v. FIATO

Civ. No. 82-1102 HB.

29 B.R. 44 (1983)

Donald Francis KANTAK, and Carol Ann Kantak, Debtors-Appellants, v. Vincent T. FIATO, Appellee.

United States District Court, D. New Mexico.

March 30, 1983.

Attorney(s) appearing for the Case

Robert H. Clark, Keleher & McLeod, P.A., Albuquerque, N.M., for debtors-appellants.

Jeffrey A. Dahl, Albuquerque, N.M., for appellee.

MEMORANDUM OPINION

BRATTON, Chief Judge.

Donald F. and Carol Ann Kantak appeal from the United States Bankruptcy Court's dismissal of the proceedings they instituted in that court under Chapter 13 of Title II of the United States Code. They base their appeal and urge reversal on two grounds: (1) the court dismissed their proceeding on its own motion, an action it had no authority to take; (2) even if the court had authority to dismiss the case, the court...

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