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SMITH v. NORTH GEORGIA PRODUCTION CREDIT ASS'N

Bankruptcy No. B77-30G.

16 B.R. 652 (1981)

In the Matter of Harmon T. SMITH, Jr., Trustee, James C. Schurer, Jr., Debtor, Plaintiffs, v. NORTH GEORGIA PRODUCTION CREDIT ASSOCIATION, Defendant.

United States Bankruptcy Court, N.D. Georgia.

December 8, 1981.

Attorney(s) appearing for the Case

Harmon Smith, Gainsville, Ga., for plaintiffs.

William M. House, Telford, Stewart & Stewart, Gainsville, Ga., for defendant.

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

This case is before the court on the Trustee's motion for summary judgment in which he alleges a violation of the automatic stay of Bankruptcy Rule 601.

FINDING OF FACTS

On March 30, 1977, the Debtor, James Schurer, Jr. (hereinafter "Schurer") filed a voluntary petition for bankruptcy under the Bankruptcy Act of 1898. Schurer listed as an asset real property located in Banks County, Georgia...

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