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HARGROVE v. EDWARDS CO., INC.

Civ. A. 91-76-NN.

133 B.R. 765 (1991)

In re Franklin D. Roosevelt HARGROVE, Debtor/Plaintiff/Appellee, v. The EDWARDS COMPANY, INC., et al. Defendants, and the Internal Revenue Service, Defendant/Appellant.

United States District Court, E.D. Virginia, Newport News Division.

November 12, 1991.

Attorney(s) appearing for the Case

Joseph Massie Durant, Newport News, Va., for Hampton Mall Associates and Goley M. Avent.

Clara Potter Swanson, Newport News, Va., for Sterling J. Christian.

Richard Wilson Hodgins, Newport News, Va., for Franklin J. Roosevelt Hargrove.

Michael Anson Rhine, U.S. Attys. Office, Norfolk, Va., Gregory Stefan, U.S. Dept. of Justice, Tax Div., Washington, D.C., for U.S.I.R.S.

OPINION AND ORDER

DOUMAR, District Judge.

This case is before this Court on appeal from the Bankruptcy Court of the Eastern District of Virginia sitting in Newport News, regarding the avoidance of undersecured portions of liens on debtor's property at 425 Lee Street, Hampton, Virginia.

In October 1990, debtor Franklin Hargrove instituted a proceeding to determine the nature and extent of the liens pursuant to 11 U.S.C. § 506(a) and (d) and 11...

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