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MATTER OF FOSTER

Bankruptcy No. 88-52504, Adv. No. 89-5042.

108 B.R. 361 (1989)

In the Matter of Charles W. FOSTER, Debtor. Charles W. FOSTER, Plaintiff, v. FARMERS AND MERCHANTS BANK OF EATONTON, Jim Leathers, Jr., and Bob Leathers, Defendants.

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

December 4, 1989.

Attorney(s) appearing for the Case

Joel D. Burns, Milledgeville, Ga., for Charles W. Foster.

Bruce M. Hofstadter, Macon, Ga., for Jim Leathers, Jr. and Bob Leathers.

T. Baron Gibson, II, Macon, Ga., for Farmers and Merchants Bank of Eatonton.

Kristin Smith, Deputy Trustee, Macon, Ga., for trustee.

STATEMENT OF THE CASE

ROBERT F. HERSHNER, Jr., Chief Judge.

Charles W. Foster, Debtor, Plaintiff, filed a petition under Chapter 13 of the Bankruptcy Code on December 9, 1988. Plaintiff filed an adversary proceeding on June 16, 1989, urging the Court to set aside the foreclosure of a deed to secure debt by Farmers and Merchants Bank of Eatonton, Defendant, ("Farmers and Merchants Bank"). This foreclosure was conducted pursuant to a consent order entered...

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