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IN RE VIC BERNACCHI & SONS, INC.

Bankruptcy No. 90-31352. Proc. No. 91-3087.

170 B.R. 647 (1994)

In re VIC BERNACCHI & SONS, INC., Debtor. VIC BERNACCHI & SONS, INC., First Citizens Bank, N.A., Plaintiffs, v. John G. LOXAS, Defendant.

United States Bankruptcy Court, N.D. Indiana, South Bend Division.

July 11, 1994.

Attorney(s) appearing for the Case

J. Richard Ransel, Thorne, Grodnik, Ransel, Duncan, Byron & Hostetler, Elkhart, IN, for Vic Bernacchi & Sons, Inc.

Rebecca Hoyt Fischer, Laderer & Fischer, South Bend, IN, for First Citizens Bank, N.A.

Michael Watkins, Barnes & Thornburg, South Bend, IN, and Jacqueline Sells Homann, Barnes & Thornburg, Elkhart, IN, for John G. Loxas.

DECISION and ORDER

ROBERT K. RODIBAUGH, Bankruptcy Judge.

This matter is before the court on a COMPLAINT filed by the debtor, Vic Bernacchi & Sons, Inc. ("Bernacchi"). On December 10, 1992, the court entered a judgment finding in part that defendant, John G. Loxas ("Loxas"), had a perfected security interest in fixtures, and an unperfected security interest in certain personal property of the estate. Loxas appealed this decision to the United...

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