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IN RE SOUTHWORTH

Bankruptcy No. 81-11510, Adv. No. 82-0140.

22 B.R. 376 (1982)

In re Jerome Lee SOUTHWORTH a/k/a Jerry Southworth, Debtor. SOUTHWEST NATIONAL BANK, Plaintiff, v. Jerome Lee SOUTHWORTH, Carol A. Southworth and Mark A. Dickerson, Trustee, Defendants.

United States Bankruptcy Court, D. Kansas.

August 10, 1982.

Attorney(s) appearing for the Case

Robert Minter of Minter & Willis, Wichita, Kan., for Southwest Nat. Bank.

Mark A. Dickerson, trustee pro se.

Eric D. Bruce of Bruce, Davis & Gilhousen, Wichita, Kan., for Albacore, Inc., a potential purchaser from the trustee.

David A. Gripp of Crockett & Gripp, Wichita, Kan., for debtor.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 7 proceeding, Southwest National Bank seeks a modification of the automatic stay, bringing to issue a conflict of priorities with the trustee under 11 U.S.C. § 544.

The issues presented for determination are:

1. Is an assignment of a right to receive payment under a contract for deed of realty governed by Article 9 of the Uniform Commercial Code.

2. Can...

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