IN RE MODICA

Bankruptcy Nos. 7-84-00697-R, 7-84-00696-R.

55 B.R. 605 (1985)

In re Kennith MODICA, Debtor. In re William John MODICA, Debtor.

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

December 5, 1985.


Attorney(s) appearing for the Case

George A. McLean, Jr., Roanoke, Va., for debtors.

Gentry, Locke, Rakes & Moore, Roanoke, Va., for Colonial American Nat. Bank.

Charles R. Allen, Jr., Roanoke, Va., Trustee.


JOINT MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue to be determined is whether, under 11 U.S.C. § 506(c), the Trustee is entitled to charge costs and expenses against rental receipts in his possession which represent collateral of a secured party under the terms of certain Deeds of Trust.

The Debtors, William John Modica and Kennith Modica, were the makers of promissory notes in favor of Colonial American National...

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