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IN RE HEYWOOD

No. 83-21309.

39 B.R. 910 (1984)

In re Michael R. and Kathleen C. HEYWOOD, Debtors.

United States Bankruptcy Court, W.D. New York.

June 6, 1984.

Attorney(s) appearing for the Case

Don B. Iwanicki, Batavia, N.Y., Chapter 7 trustee.

Lawrence A. Perot, Akron, N.Y., for debtors.

George M. Reiber, Rochester, N.Y., Chapter 13 trustee.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

In this case, a Chapter 13 petition was filed after a Chapter 7 discharge but before the Chapter 7 case was closed. The attorney for the bank has moved to deny confirmation; dismiss or convert the plan; or in the alternative for an Order vacating the automatic stay. The Chapter 13 trustee moved the Court to dismiss the Chapter 13 or in the alternative consolidate it with the Chapter 7 proceeding...

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