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DOMINION BANK OF CUMBERLANDS, NA v. NUCKOLLS

No. 85-1012.

780 F.2d 408 (1985)

DOMINION BANK OF the CUMBERLANDS, NA, Appellee, v. James R. NUCKOLLS; Judy M. Nuckolls, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1985.

Attorney(s) appearing for the Case

Stephen H. Ratliff, Arlington, Va., (Copeland, Molinary & Bieger, Abingdon, Va., on brief) for appellants.

Robert J. Breimann (Street, Street, Street, Scott & Bowman, Grundy, Va., on brief) for appellee.

Before SPROUSE and WILKINSON, Circuit Judges, and HOFFMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

SPROUSE, Circuit Judge:

James R. Nuckolls and Judy M. Nuckolls, a husband and wife trading as Jim's and Judy's Restaurant (the Nuckolls or debtors), appeal a district court judgment that they are not entitled to exempt certain equipment used in their restaurant business from their Chapter 7 bankruptcy estate and to avoid a security interest in the same equipment asserted by Dominion Bank of the Cumberlands, N.A. (the Bank). Prior to filing the bankruptcy petition...

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