BARBAROSSA v. BENEFICIAL FINANCE CO. OF NEWPORT NEWS

No. 77-117-NN.

438 F.Supp. 840 (1977)

In re Charles Jacques Barbarossa, Bankrupt. Charles Jacques BARBAROSSA, Appellant, v. BENEFICIAL FINANCE COMPANY OF NEWPORT NEWS, Appellee.

United States District Court, E. D. Virginia, Newport News Division.

October 11, 1977.


Attorney(s) appearing for the Case

R. M. Brown, Jr., Newport News, Va., for appellant.

H. Vincent Conway, Jr., Newport News, Va., Ronald J. Berg, Norfolk, Va., for appellee.


MEMORANDUM ORDER

KELLAM, Chief Judge.

Appellant Barbarossa executed a promissory note, including a provision which waived his homestead exemption, in favor of appellee, Beneficial Finance Company of Newport News. Subsequently, appellant recorded a homestead deed in the Clerk's Office of the Circuit Court for the City of Hampton, Virginia, after having filed a voluntary petition in bankruptcy on April 13, 1977. Appellee, an unsecured creditor, sought relief...

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