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IN RE SHIRLEY

Bankruptcy No. 5-84-00278.

128 B.R. 724 (1991)

In re Coyt C. SHIRLEY, t/a Allied Construction, Debtor.

United States Bankruptcy Court, W.D. Virginia, Harrisonburg Division.

May 24, 1991.

Attorney(s) appearing for the Case

Roy V. Wolfe, III, Harrisonburg, Va., for trustee.

Robert M. Musselman, Charlottesville, Va., for debtor.

MEMORANDUM

ROSS W. KRUMM, Bankruptcy Judge.

The matter for decision before the court involves the priority of the debtor's homestead exemption over a third lien deed of trust placed on the debtor's property pursuant to the plan confirmed in his chapter 11 case prior to conversion to Chapter 7.

Facts

The debtor filed his homestead deed on August 3, 1984, and claimed as exempt $5,000 of equity in certain real estate located in Augusta...

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