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IN RE SZOSTEK

Bankruptcy No. 09-31623-LMC. Adversary No. 09-03022.

433 B.R. 611 (2010)

In re James T. SZOSTEK, dba Jolly Jim's Pets dba Jolly Jim's Pets Too, and Mary Alice Szostek, Debtors. James T. Szostek, Mary Alice Szostek, Plaintiffs v. Texas Comptroller Of Public Accounts, Defendant.

United States Bankruptcy Court, W.D. Texas, El Paso Division.

June 15, 2010.

Attorney(s) appearing for the Case

E.P. Bud Kirk, Terrace Gardens, El Paso, TX, for James T. Szostek, dba Jolly Jim's Pets dba Jolly Jim's Pets Too, Mary Alice Szostek, Debtors.

William A. Frazell, Austin, TX, for Texas Comptroller of Public Accounts, Defendant.

DECISION AND ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL REHEARING OF ORDER DISMISSING PLAINTIFFS' ADVERSARY PROCEEDING AND DISMISSING THE COMPLAINT

LEIF M. CLARK, Bankruptcy Judge.

Came on for consideration the foregoing matter. On July 28, 2009, James T. Szostek and his wife, Mary Alice Szostek (together, the "Debtors" or the "Plaintiffs") filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On September 22, 2009, the Debtors...

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