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IN RE CALDWELL

Bankruptcy Nos. B-91-19004 C-7, 2:92CV00264.

147 B.R. 119 (1992)

In re J.R. CALDWELL, Sr., J.R. Caldwell, Jr. and Mary B. Caldwell, d/b/a Caldwell Dairy Farms, Debtors. PIEDMONT FARM CREDIT, ACA, Appellant, v. G & M MILLING COMPANY, Appellee.

United States District Court, M.D. North Carolina, Greensboro Division.

October 13, 1992.

Attorney(s) appearing for the Case

Thomas William Waldrep, Jr., Bell, Davis & Pitt, P.A., Winston-Salem, N.C. for Piedmont Farm Credit, ACA, appellant.

Randel Andrew Patty, II, Smith Debnam Hibbert & Pahl, Raleigh, N.C., for G & M Milling Company, appellee.

MEMORANDUM OPINION

OSTEEN, District Judge.

This bankruptcy appeal raises four issues regarding 11 U.S.C. Section 506(c). The first issue is whether administrative claimants have standing to bring a claim under Section 506(c). The second issue is whether recovery directly from a secured creditor, as opposed to the secured creditor's collateral, is proper. Third, this court is asked to decide whether the Bankruptcy Court clearly erred in concluding that the...

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