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IN RE HOFFNER

Bankruptcy No. 7-85-01394 ML, Adv. No. 86-0041 M.

69 B.R. 70 (1986)

In re Donald Lee HOFFNER, Debtor. Donald Lee HOFFNER, Plaintiff, v. John SCHABER and Sheriff Jack Coussons, Defendants.

United States Bankruptcy Court, D. New Mexico.

December 10, 1986.

Attorney(s) appearing for the Case

Peter A. Keys, Silver City, N.M., for plaintiff.

Edward L. Hand, Deming, N.M., for Schaber.

Kent Cooper, Deming, N.M., for Coussons.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on October 2, 1986, for trial on the merits of debtor's complaint for declaratory judgment and equitable relief. At that time, the Court ordered the complaint dismissed with prejudice as against Sheriff Coussons. The only issue remaining is the legal effect of the document executed by debtor purporting to withdraw debtor's waiver of exemption and release of property...

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