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IN RE THOMAS

Bankruptcy No. 83-05211.

38 B.R. 50 (1983)

In re Eugene THOMAS and Monica Thomas, Debtors.

United States Bankruptcy Court, D. North Dakota.

December 28, 1983.

Attorney(s) appearing for the Case

Joseph Vogel, Mandan, N.D., for debtor.

Benjamin Pulkrabek, Mandan, N.D., for Norwest Bank, Mandan.

U.S. Trustee William Westphal, Max Rosenberg, Bismarck, N.D., for Creditors Committee.

MEMORANDUM OPINION

WILLIAM A. HILL, Bankruptcy Judge.

This matter came before the Court upon the Motion of Norwest Bank, Mandan (BANK), for relief from automatic stay, the Bank asserting a perfected security interest in all milk produced by cows owned by the Debtors. On December 6, 1983, a hearing was held and the Court denied the motion for the reason that the Bank failed in its burden with respect to the Debtors' equity in such collateral. The Court indicated...

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