IN RE MONTGOMERY

Bankruptcy No. S-83-00570-5.

29 B.R. 609 (1983)

In re Louis MONTGOMERY, Jr., and Carol E. Montgomery, Debtors.

United States Bankruptcy Court, E.D. North Carolina.

April 25, 1983.


Attorney(s) appearing for the Case

Robert A. Ponton, Jr., Raleigh, N.C., for IBM.

S. Allen Patterson, Raleigh, N.C., for debtor.

Trawick H. Stubbs, Jr., New Bern, N.C., for trustee.


A. THOMAS SMALL, Bankruptcy Judge.

This cause is before the Court upon the application of the Debtors seeking a turnover order for an automobile that was repossessed prior to the filing of their chapter 13 petition.

FACTS

These relevant facts are not disputed.

The Debtors are the owners of a 1981 Toyota SR-5 automobile which is subject to a security interest held by IBM Coastal Employees Federal Credit Union ("IBM"). The indebtedness secured...

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