IN RE MANNING

Bankruptcy No. 7-84-00772-R.

43 B.R. 712 (1984)

In re Lethia Custer MANNING, Debtor.

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

November 1, 1984.


Attorney(s) appearing for the Case

Leon R. Kytchen, Roanoke, for debtor.

Melba C. Pirkey, Roanoke, Chapter 13 Trustee.

T.L. Plunkett, Roanoke, Indentured Trustee/petitioner.


MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether an indentured Trustee's commission may be fixed by a Deed of Trust without due consideration by the Court as to what fee is reasonable under the circumstances where the proposed foreclosure and sale of the property has been stayed by the filing of a Chapter 13 petition in this Court.

The facts are undisputed. The Petitioner, Jefferson Savings and...

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