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IN RE SMS, INC.

Bankruptcy No. 81-40330.

15 B.R. 496 (1981)

In re SMS, INC., d/b/a The Bookworm, Debtor.

United States Bankruptcy Court, D. Kansas.

November 18, 1981.

Attorney(s) appearing for the Case

William T. Nichols, Marshall, Hawks, Hendrix, Schenk & Nichols, Topeka, Kan., for Commerce Bank & Trust Co.

Cary L. Standiferd, Topeka, Kan., Trustee.

John K. Pearson, Wichita, Kan., Asst. U.S. Trustee.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

The creditor, Commerce Bank and Trust Company (Commerce), seeks an order authorizing the trustee to abandon any interest in a credit memo owed the debtor by Palmer News, Inc. at the time the debtor's chapter 7 petition was filed.

The trustee opposes abandonment asserting Commerce was not secured, and alternatively was not perfected in the credit memo. The trustee also requests attorney's...

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