IN RE SOUTHERN OREGON MORTG., INC.

Bankruptcy Nos. 689-60581-R7, 689-60580-R7, 689-60579-R7 and 689-60578-R7, Adv. No. 690-6139-R.

125 B.R. 625 (1991)

In re SOUTHERN OREGON MORTGAGE, INC.; the Bay Company, an Oregon corporation; REO Holding, Inc.; Gold Key Properties, Inc., Debtors. Eric R.T. ROOST, Trustee, Plaintiff, v. Hazel C. NEWPORT, Defendant.

United States Bankruptcy Court, D. Oregon.

April 5, 1991.


Attorney(s) appearing for the Case

Douglas R. Schultz, Cass, Scott, Woods & Smith, Eugene, Or., for plaintiff.

Robert A. Smejkal, Eugene, Or., for defendant.

Harold D. Gillis, Eugene, Or., amicus curiae.


MEMORANDUM OPINION

ALBERT E. RADCLIFFE, Bankruptcy Judge.

This matter comes before the court on the plaintiff's motion for summary judgment. All statutory references herein are to the Bankruptcy Code, Title 11 U.S.C. unless otherwise indicated.

PROCEDURAL BACKGROUND

On February 27, 1989, an involuntary Chapter 7 bankruptcy petition was filed against the debtor, an order for relief was entered herein on July 14, 1989.

The plaintiff...

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