IN RE KELLY

Bankruptcy No. 7-81-00676, Adv. No. 7-81-0518.

21 B.R. 495 (1982)

In re John Sheridan KELLY, Debtor. The FIRST NATIONAL EXCHANGE BANK OF MONTGOMERY COUNTY, Plaintiff, v. John Sheridan KELLY and George I. Vogel, II, Trustee, Defendants.

United States Bankruptcy Court, W.D. Virginia, Roanoke Division.

June 1, 1982.


Attorney(s) appearing for the Case

Darrell Long Tiller, Blacksburg, Va., for plaintiff.

Evelyn K. Krippendorf, Roanoke, Va., for debtor.

George I. Vogel, II, Roanoke, Va., Trustee.


H. CLYDE PEARSON, Bankruptcy Judge.

The issues before the Court are whether a secured creditor, the First National Exchange Bank of Montgomery County (Bank), holds a perfected security interest in certain property as against the debtor's Trustee in bankruptcy, and whether that property should be abandoned.

In August, 1980, the debtor, Kelly, executed a Note to the order of the Bank in the original principal amount of $24,689.58. As partial security for this...

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