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IN RE STRAUSE

Bankruptcy No. 88-09553-LM13, RS No. 0018.

97 B.R. 22 (1989)

In re Eddie D. STRAUSE and Robin A. Strause, Debtors. Clifford HELBOCK and Otylia M. Helbock, Movants, v. Eddie D. STRAUSE, Robin A. Strause, Steven D. Petach, Federal National Mortgage Association, Hydro-Scape Products, Inc., and Ornamental Plant Sales, Inc., Respondents.

United States Bankruptcy Court, S.D. California.

February 8, 1989.

Attorney(s) appearing for the Case

Joe R. Sutter, San Diego, Cal., for movants.

Jeffery S. Styers, Rasmussen & Styers, San Diego, Cal., for respondents.

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

This case presents a troublesome issue regarding the viability of a Chapter 13 case filed while a Chapter 7 case involving the same debtors and debts is pending. The issue is raised by motion for relief from the automatic stay in the Chapter 13 case.

This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States District Court...

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