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IN RE MOTLEY

Bankruptcy No. 80-00009-AMER, Adv. No. 80-0022-AMER.

10 B.R. 141 (1981)

In re Charles Wayne MOTLEY, d/b/a Bo's Action, Debtor. Charles A. HICKMAN, Plaintiff, v. FIRST STATE BANK OF CORDELE and Robert T. Hurt, Jr., Defendants.

United States Bankruptcy Court, M.D. Georgia, Americus Division.

March 24, 1981.

Attorney(s) appearing for the Case

Pamela M. Richards, Warner Robbins, Ga., for plaintiff.

Robert H. Revell, Jr., Albany, Ga., for defendant/Bank.

James W. Hurt, Cordele, Ga., for defendant/Robert T. Hurt, Jr.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

Real estate was abandoned by Trustee and not claimed as exempt by Debtor. Holder of second security deed obtained relief from stay. Holder of first security deed foreclosed without obtaining relief from stay. Herein, foreclosure deed by holder of first security is set aside as being in violation of automatic stay.

FINDINGS OF FACT

1. Debtor filed a voluntary...

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