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IN RE L.M.S. ASSOCIATES, INC.

Bankruptcy No. 81-00574-BKC-JAG, Adv. No. 81-0395-BKC-JAG-A.

18 B.R. 425 (1982)

In re L.M.S. ASSOCIATES, INC., d/b/a Universal Gift Shops, Inc., Debtor. William ROEMELMEYER, Trustee, Plaintiff. v. CAPITAL BANK, a national banking association, Defendant.

United States Bankruptcy Court, S.D. Florida.

January 20, 1982.

Attorney(s) appearing for the Case

Rudolph F. Aragon, Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel & Wolff, P.A., Miami, Fla., for defendant.

Paul G. Hyman, Jr., Britton, Cohen, Kaufman, Benson & Schantz, Miami, Fla., for trustee.

Joel L. Kirschbaum, Esler & Kirschbaum, P.A., Fort Lauderdale, Fla., for claimants.

William Roemelmeyer, Miami Shores, Fla., trustee.

Louis Phillips, Phillips & Phillips, Miami, Fla., for Universal Gift Shops.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

The trustee in this case filed a complaint to determine amount, validity and priority of lien against Capital Bank, a lender of the debtor and the bank counterclaimed for modification of the automatic stay. The facts are essentially agreed to, and the legal issue is whether or not the acts done by Capital Bank were sufficient to perfect its security interest and preserve its priority over the trustee...

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