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IN RE DUNCAN

Bankruptcy No. 89-60683-S-7-KMS.

116 B.R. 146 (1990)

In re Larry Joseph DUNCAN and Lois Jean Duncan, Debtors.

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

June 19, 1990.

Attorney(s) appearing for the Case

Gary A. Love, Ozark, Mo., for Health Care Services Corp.

Thomas J. Carlson, Springfield, Mo., for Trustee.

James A. Doran, Springfield, Mo., for debtor.

MEMORANDUM OPINION

KAREN M. SEE, Bankruptcy Judge.

Pending is the motion to lift stay filed by Health Care Services Corporation of America, Inc. (HSCA). In defense to HSCA's motion, debtors and trustee argue the deed of trust is voidable under 11 U.S.C. § 544(a)(3) because the deed of trust does not adequately describe the underlying note it secures. The trustee asks the court to determine the validity of the...

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