IN RE SMITH

Bankruptcy No. 88-10507-ALB, Adv. No. 88-1035-ALB.

94 B.R. 216 (1988)

In re Edward B. SMITH, A/K/A Edward Smith, A/K/A Edward Bryan Smith, Jenny A. Smith, A/K/A Jenny Lea Andrews Smith, A/K/A Jenny Andrews Smith, Debtors. The FEDERAL LAND BANK OF COLUMBIA, Plaintiff, v. Edward B. SMITH, and Jenny A. Smith & Camille Hope, Trustee, Defendants.

United States Bankruptcy Court, M.D. Georgia, Albany Division.

December 2, 1988.


Attorney(s) appearing for the Case

Howard McKelvey, Americus, Ga., for plaintiff.

Thomas R. McFarland, Americus, Ga., for defendants.

Camille Hope, Macon, Ga., Chapter 13 Trustee.


MEMORANDUM OPINION

JOHN T. LANEY, III, Bankruptcy Judge.

On November 1st, 1988, a pre-trial conference was held in the Adversary Proceeding on the complaint of The Federal Land Bank of Columbia (Plaintiff) for declaratory judgment and relief from the automatic stay against Edward B. Smith and Jenny A. Smith, Debtors and Camille Hope, Trustee. There being no facts in dispute, the court invited briefs on the issue of whether or not a mortgage securing a debt...

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