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IN RE TAYLOR

Bankruptcy No. 38002813.

18 B.R. 128 (1982)

In re Hershell Jack TAYLOR, Betty Jean Taylor, Debtor.

United States Bankruptcy Court, W.D. Kentucky.

February 22, 1982.

Attorney(s) appearing for the Case

Jan C. Morris, Louisville, Ky., for creditor.

J. Baxter Schilling, Louisville, Ky., trustee.

Terrance Allen Jones, Louisville, Ky., for debtor.

ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The question is whether a real estate mortgage on the debtors' home was sufficiently perfected to defeat a claim against the property by the bankruptcy trustee. We hold the rights of the mortgagee to be superior.

Hershell and Betty Taylor bought their home from Mrs. Alice Phelps (and her now deceased husband) in 1963 under an owner-financing arrangement. The resulting mortgage instrument was in perfectly...

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