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IN RE OMEGA DOOR CO., INC.

Nos. 07-8047, 07-8048.

399 B.R. 295 (2009)

In re OMEGA DOOR COMPANY, INC., Debtor. Kathryn A. Belfance, Trustee of the Omega Door Company Reorganization Trust, Plaintiff-Appellant/Cross-Appellee, v. Richard Buonpane and Georgeanne Buonpane, Defendants-Appellees/Cross-Appellants.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: January 13, 2009.

Attorney(s) appearing for the Case

ARGUED: Jessica E. Price, Brouse McDowell, Akron, Ohio, for Appellant. ON BRIEF: Jessica E. Price, Marc B. Merklin, Kate M. Bradley, Brouse McDowell, Akron, Ohio, for Appellant.

Kenneth L. Gibson, Gibson & Lowry, Cuyahoga Falls, Ohio, Michael J. Moran, Gibson & Lowry, Cuyahoga Falls, Ohio, for Appellees.

Before: GREGG, PARSONS, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

STEVEN RHODES, Bankruptcy Judge.

John and Tina Thompson ("the Thompsons") purchased the stock of the debtor, Omega Door Company, Inc. ("Omega"), from Richard Buonpane ("Buonpane") and gave him an installment note for part of the purchase price. However, Omega, not the Thompsons, made all of the payments on that note. Kathryn A. Belfance, the trustee of the Omega Door Reorganization Trust, filed this adversary proceeding against Richard and Georgeanne...

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