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IN RE ROBERTS

Bankruptcy No. 83-40765, Adv. No. 83-0365.

38 B.R. 128 (1984)

In re Charles Dewey ROBERTS a/k/a Charles D. Roberts, Bertha Mae Roberts a/k/a Bertha M. Roberts, Debtors. Larry E. SCHNEIDER, Trustee, Plaintiff, v. Gary RAY d/b/a Raken Land and Cattle Co.; Talmage State Bank, Defendants.

United States Bankruptcy Court, D. Kansas.

February 24, 1984.

Attorney(s) appearing for the Case

Larry E. Schneider, Topeka, Kan., pro se.

George W. Yarnevich of Kennedy, Berkley, Yarnevich & Williamson, Chtd., Salina, Kan., for Talmage State Bank.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 7 proceeding, the trustee seeks to avoid a security interest granted by the debtors to the Talmage State Bank pursuant to 11 U.S.C. § 544.

The issues presented for determination are:

1. Does the Talmage State Bank have a perfected security interest in the stored grain in question.

2. Does the trustee have priority...

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