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IN RE HOLIDAY INTERVAL, INC.

Bankruptcy No. 87-00668-C.

94 B.R. 594 (1988)

In re HOLIDAY INTERVAL, INC., Debtor.

United States Bankruptcy Court, W.D. Missouri, C.D.

December 21, 1988.

Attorney(s) appearing for the Case

D. James Mariea, Fulton, Mo., for Holiday Shores Property Owners Ass'n.

John Sutherland, St. Louis, Mo., for Mercantile Bank.

James E. Hawk, Jr., St. Louis, Mo., for Colonial Bank.

Christy Barton, Jefferson City, Mo., for trustee.

Jack E. Brown, Columbia, Mo., trustee.

MEMORANDUM OPINION

FRANK W. KOGER, Bankruptcy Judge.

FACTS

Mercantile Bank, National Association (Mercantile), has made a motion for relief from the stay on certain writings pledged by Holiday Intervals, Inc., the Debtor, as collateral for a loan. The threshold issue addressed in this opinion is whether such writings are instruments, and thus perfected by possession, or whether such writings are contract rights, properly perfected by filing. Mercantile...

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