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IN RE OERKE

Bankruptcy No. 285-20429.

63 B.R. 1 (1986)

In re Marvin Neale OERKE and wife, Shirley Ann Oerke, Debtors.

United States Bankruptcy Court, N.D. Texas, Amarillo Division.

July 28, 1986.

Attorney(s) appearing for the Case

Dan C. Coffey, Dalhart, Tex., and Thomas Paty Stamps, Zusmann, Small, Stamps & White, Atlanta, Ga., for debtors.

William S. Leach, Gibson, Ochsner & Adkins, Amarillo, Tex, for Lindsay Leasing Corp.

William T. Neary, U.S. Trustee, U.S. Dept. of Justice, Dallas, Tex., United States Trustee.

JOHN C. AKARD, Bankruptcy Judge.

MEMORANDUM OF OPINION

On December 16, 1985, Marvin Neale Oerke and his wife, Shirley Ann Oerke (the Oerkes), filed a petition for relief under Chapter 11 of the Bankruptcy Code. On March 26, 1986, Movant, Lindsay Credit Corporation, filed its Motion to Compel Assumption or Rejection of three equipment leases. After hearing the testimony and considering the briefs of the parties, the Court enters the following opinion:

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