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IN RE CHITWOOD

Bankruptcy No. 7-85-00571-R.

54 B.R. 396 (1985)

In re John T. CHITWOOD, Debtor. McCLUNG LUMBER COMPANY, INC., J. Albert Ellett, Trustee, and David S. McClung, II, Movants, v. John T. CHITWOOD, Respondent.

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

October 22, 1985.

Attorney(s) appearing for the Case

Leon P. Ferrance, Roanoke, Va., for debtor/respondent.

John B. Weld, Roanoke, Va., for movants.

J. Glenwood Strickler, Roanoke, Va., Chapter 13 Trustee.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

McClung Lumber Company, Inc. ("McClung"), a subordinate Deed of Trust noteholder, filed this motion for relief from the stay of 11 U.S.C. § 362 to enable J. Albert Ellett, Indenture Trustee, to finalize a foreclosure. The Debtor resists the motion and seeks leave pursuant to the Chapter 13 Plan to cure default in accordance with 11 U.S.C. §...

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