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IN RE APPLEWHITE

Bankruptcy No. 8908359HEG.

106 B.R. 468 (1989)

In re Evon Hicks APPLEWHITE.

United States Bankruptcy Court, S.D. Mississippi, S.D.

October 26, 1989.

Attorney(s) appearing for the Case

W. Stewart Robison, McComb, Miss., for plaintiff.

John Anderson, Hattiesburg, Miss., for defendant.

OPINION

EDWARD R. GAINES, Bankruptcy Judge.

This matter is before the Court on the Motion to Lift Automatic Stay filed by Mid-State Trust II. The issue to be decided is whether Section 544(a)(3) of the Bankruptcy Code enables the debtor to avoid a pre-petition foreclosure sale of her property because the Substituted Trustee's Deed had not been recorded prior to the debtor's filing her Chapter 13 petition. Another...

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