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IN RE DAVIS

Bankruptcy No. A92-62328-JB. Adv. No. 93-6426.

165 B.R. 327 (1994)

In re William DAVIS, Jr., Debtor. WENCO INDUSTRIES, INC., Plaintiff, v. Barbara B. STALZER, as Trustee for the Estate of William Davis, Jr., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

January 28, 1994.

Attorney(s) appearing for the Case

John Mrosek, Fayetteville, GA, for plaintiff.

Barbara B. Stalzer, Atlanta, GA, for defendant.

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This case presents the question of whether a trustee, in his capacity as a hypothetical judicial lien creditor under 11 U.S.C. § 544(a)(1), prevails over an equitable interest in an automobile when the certificate of title is issued in the debtor's name and the name of the party claiming an equitable interest is not listed on the certificate of title. The resolution of the question depends on Georgia law...

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