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MATTER OF ELMER'S AUTO PARTS

Bankruptcy No. 82-06769, Adv. No. 83-0953.

34 B.R. 63 (1983)

In the Matter of ELMER'S AUTO PARTS, Debtor. BIRMINGHAM ELECTRIC BATTERY CO., INC., Plaintiff, v. ELMER'S AUTO PARTS, a Proprietorship owned by Rickey Skinner, Defendant.

United States Bankruptcy Court, N.D. Alabama, S.D.

October 24, 1983.

Attorney(s) appearing for the Case

Charles W. Allen, Birmingham, Ala., for plaintiff.

R.B. Jones, Birmingham, Ala., for debtor/defendant.

M. Charles Sterne, Trustee.

Jack Rivers, Birmingham, Ala., U.S. Trustee.

ORDER

STEPHEN B. COLEMAN, Bankruptcy Judge.

This case raises an important question in Chapter 11 cases and one that should be settled for the guidance of Debtors and Attorneys alike. Perhaps one of the most serious defects in Code Chapter 11 procedure is the ability and freedom of the Debtor to waste assets and to incur debts as administrative expense with some freedom during the early unsupervised operation of the Chapter 11 case, when he is in the sole...

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