IN RE ROLEN

Bankruptcy No. 7-82-00480, Adv. No. 7-82-0276.

39 B.R. 260 (1983)

In re Robert Westley ROLEN Roxie Taylor Rolen, Debtors. Robert Westley ROLEN and Roxie Taylor Rolen, Plaintiffs, v. SOUTHWEST VIRGINIA NATIONAL BANK and Mr. & Mrs. Johnny Griffin, Defendants.

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

January 20, 1983.


Attorney(s) appearing for the Case

S. Strother Smith, III, Abingdon, Va., for debtor-plaintiffs.

James E. Nunley, Bristol, Va., Chapter 13 Trustee.

James F. Douthat, Roanoke, Va., for Southwest Virginia National Bank.

Dennis W. Heileman, Tazewell, Va., for Mr. & Mrs. Griffin.


MEMORANDUM OPINION

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether Debtors may recover real property auctioned at a foreclosure sale under a Deed of Trust one day before their Chapter 13 petition was filed.

On March 26, 1976, Robert W. and Roxie T. Rolen (Debtors herein) conveyed, in trust, two parcels of real property situate in Tazewell County, Virginia to secure the payment of a $20,000.00 indebtedness due Southwest Virginia...

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