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IN RE FARINA

Bankruptcy No. 280-00164, Adv. No. 280-0108.

25 B.R. 411 (1982)

In re Michael P. FARINA d/b/a the Five Chimneys Inn Province Lake Country Club and a/k/a M.F. Trust, Debtors. Michael P. FARINA, Plaintiff, v. SOUTH SHORE BANK, Defendant.

United States Bankruptcy Court, D. Maine.

November 16, 1982.

Attorney(s) appearing for the Case

Richard E. Poulos, Michael Pearce, Portland, Me., for plaintiff.

William F. Macauley, Joanne M. Neale, Craig & Macauley, P.C., Boston, Mass., for defendant.

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

In this adversary proceeding, the debtor in possession, Michael P. Farina, seeks a determination that defendant South Shore Bank's security interest in his aircraft is unperfected and that he has priority as a hypothetical lien creditor from the date of the petition.1 South Shore Bank claims a perfected prepetition security interest.

In August of 1979, M.F. Trust...

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