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IN RE FALCONE

Bankruptcy No. 91-10685-T, Adv. No. 91-1318-T.

146 B.R. 671 (1992)

In re Gary & Jolene FALCONE, Debtors. Gary & Jolene FALCONE, Plaintiffs, v. PROSPERITY BANK & TRUST, Defendant.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

June 23, 1992.

Attorney(s) appearing for the Case

Robert G. Mayer, Fairfax, Va., for debtors.

Peter K. Stackhouse, Linda E. Fitzgerald, Arlington, Va., for Prosperity Bank & Trust Co.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

The debtors, Gary and Jolene Falcone, filed a complaint under Bankruptcy Code § 506, to determine the extent and validity of a lien held by Prosperity Bank, and under § 362(a)(7), alleging that the bank made a setoff in violation of the automatic stay. The debtors filed a motion for summary judgment on their complaint. A hearing was held on April 22, 1992, and the issues were taken under...

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