IN RE HAWKINS

Bankruptcy No. 92-10121, Adv. No. 92-1024.

156 B.R. 745 (1993)

In re Paul HAWKINS, Debtor. Gleb GLINKA, Trustee Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORP., Defendant.

United States Bankruptcy Court, D. Vermont.

July 15, 1993.


Attorney(s) appearing for the Case

G. Glinka, Law Offices of Gleb Glinka, Cabot, VT, for Gleb Glinka as Trustee for the Estate of Paul Hawkins ("Trustee").

J.L. French, for Legal Div. of F.D.I.C. ("FDIC").


FRANCIS G. CONRAD, Bankruptcy Judge.

Trustee brought1 this adversary proceeding to determine whether FDIC's claim against Paul Hawkins ("Debtor") is secured. Trustee argues that FDIC is unsecured because the note on which its claim is based, purportedly secured under a future advances clause in a prior mortgage, is signed only by Debtor, while the mortgage was originally executed by Debtor and his former spouse as husband and wife. The...

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