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IN RE SEEL

Bankruptcy No. 82-40392, Adv. No. 82-0179.

22 B.R. 692 (1982)

In re Kenneth Earl SEEL a/k/a Kenneth E. Seel, Nancy Ann Seel a/k/a Nancy Seel, Debtors. Kenneth Earl SEEL, Nancy Ann Seel, Plaintiffs, v. TOPEKA LUMBER COMPANY, Defendants.

United States Bankruptcy Court, D. Kansas.

August 24, 1982.

Attorney(s) appearing for the Case

Lloyd C. Swartz, Topeka, Kan., trustee.

Frank D. Taff, Topeka, Kan., for debtors.

Wendell F. Cowan, Jr., and Gary M. Korte, Topeka, Kan., for Topeka Lumber Co.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 13 proceeding, the debtors have requested that the Court determine the validity and extent of a mechanic's lien on their residence filed by Topeka Lumber Company.

The issues presented for determination are:

1. Does Topeka Lumber Company have a valid mechanic's lien.

2. What is the extent of the lien.

3. Is a mechanic's lien a "security interest" within...

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