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MATTER OF ELIA

Bankruptcy No. 81-00433, Adv. No. 81-0439.

18 B.R. 89 (1982)

In the Matter of John ELIA and Bette Elia, his wife, Debtors. SECURITY PEOPLES TRUST COMPANY, Plaintiff, v. John ELIA and Bette Elia, his wife, and Warren W. Bentz, Esq., Trustee, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

February 8, 1982.

Attorney(s) appearing for the Case

Gary V. Skiba and Colussi, Yochim, Skiba & Vogel, Erie, Pa., for plaintiff.

Daniel J. Brabender, Jr., Erie, Pa., for debtors.

Warren W. Bentz and Bentz & Chestek, Erie, Pa., trustee.

MEMORANDUM ON COMPLAINT FOR RELIEF FROM AUTOMATIC STAY

WILLIAM B. WASHABAUGH, Jr., Bankruptcy Judge:

The Security Peoples Trust Company loaned the debtors $2,094.56 with which to purchase two hospital beds from an appliance dealer under a security agreement which described the collateral as "all goods purchased under this account". No financing statement was filed or obtained by the bank and the question is whether its lien was perfected against the trustee...

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