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IN RE DAVIS

Bankruptcy No. 82-01331 MR.

44 B.R. 88 (1984)

In re Dan K. DAVIS and, Jerrell Dean Davis, Debtors.

United States Bankruptcy Court, D. New Mexico.

November 1, 1984.

Attorney(s) appearing for the Case

Merrill L. Norton, Lovington, N.M., for debtors.

Robert I. Waldman, Roswell, N.M., trustee.

Gail Gottlieb, Albuquerque, N.M., for First Interstate of Lea County.

Nancy S. Cusack, Roswell, N.M., for KCL Sales.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on First Interstate Bank of Lea County's (the Bank) motion to dismiss an objection to a portion of the Bank's secured claim raised by the trustee and KCL Sales, Inc. (KCL) an unsecured creditor.

The Bank stipulated to an allegation of facts by the trustee. In 1977, New Mexico Bank and Trust Company (predecessor to the Bank) loaned Mr. and Mrs. Davis (the debtors...

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