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IN RE SERVICE LAWN & POWER, INC.

Bankruptcy No. 1-86-02500, Adv. No. 1-87-0002.

83 B.R. 515 (1988)

In re SERVICE LAWN & POWER, INC., Debtor. Scott N. BROWN, Jr., Trustee, Plaintiff, v. BELARUS MACHINERY, INC., Defendant.

United States Bankruptcy Court, E.D. Tennessee, S.D.

January 22, 1988.

Attorney(s) appearing for the Case

Harry R. Cash, Chattanooga, Tenn., for plaintiff.

Fred T. Hanzelik, Chattanooga, Tenn., for defendant.

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

Acting as a hypothetical lien creditor under 11 U.S.C.A. § 544(a)(1) (West Supp. 1987), the trustee seeks to avoid the lien of Belarus Machinery, Inc. (herein Belarus) on certain collateral securing a note of the debtor, Service Lawn & Power, Inc.1 The trustee contends that the security interest of Belarus in the collateral is unperfected...

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