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IN RE SNYDER

Bankruptcy No. 5-83-00188, Adv. No. 5-85-0041.

57 B.R. 438 (1985)

In re James R. SNYDER, Betty C. Snyder, Debtors. John G. LEAKE, Trustee for James R. Snyder and Betty C. Snyder, Plaintiff, v. FINANCE ONE MORTGAGE, INC., Defendant.

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

October 30, 1985.

Attorney(s) appearing for the Case

Dale A. Davenport, Harrisonburg, Va., for debtors.

Grant A. Richardson, Bridgewater, Va., for Finance One Mortgage, Inc.

MEMORANDUM OPINION

THOMAS J. WILSON, Bankruptcy Judge.

Plaintiff, the Trustee in bankruptcy (the "Bankruptcy Trustee"), presently holds a certain fund of surplus proceeds from a pre-petition deed of trust sale of real property of the Debtors'. The Bankruptcy Trustee seeks an order from this Court declaring, in effect, that said fund is not subject to any prior interests therein. Finance One of Virginia, Inc. ("Finance One"), the Defendant herein, asserts...

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