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LUCAS v. PENNBANK

No. CIV-90-467C.

142 B.R. 68 (1992)

Thomas J. LUCAS and Bonnie Lucas, Plaintiffs, v. PENNBANK, Defendant.

United States District Court, W.D. New York.

February 14, 1992.

Attorney(s) appearing for the Case

Jeffrey M. Freedman, Esq. (Kenneth B. Hiller, Esq., of counsel), Buffalo, New York, for plaintiffs.

Hornburg, Diggs & Marks (Robert J. Simon, Esq., of counsel), Olean, New York, for defendant.

CURTIN, District Judge.

BACKGROUND

Pennbank appeals from a decision of the United States Bankruptcy Court for the Western District of New York entered in favor of Thomas and Bonnie Lucas ("Appellees"), holding that Pennbank's lien on the Appellees' car had not been perfected by the date of the bankruptcy filing, and that, consequently, Pennbank's claim was unsecured in all respects.

FACTS

On April 27, 1989, the Appellees entered into a...

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