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IN RE SPRING GROVE TRANSPORT, INC.

Bankruptcy No. 95-35472-T, CM No. 96-297.

202 B.R. 862 (1996)

In re SPRING GROVE TRANSPORT, INC., Debtor. GENERAL ELECTRIC CAPITAL CORPORATION, Movant, v. SPRING GROVE TRANSPORT, INC., Defendant.

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

July 16, 1996.

Attorney(s) appearing for the Case

Dion W. Hayes, McGuire, Woods, Battle & Booth, L.L.P., Richmond, VA, for General Electric Capital Corporation.

William A. Young, Jr., Spinella, Owings & Shaia, P.C., Richmond, VA, for Chapter 7 trustee.

Paula S. Beran, Leclair, Ryan, Richmond, VA, for Jim's Heavy Truk.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Hearing was held on May 6, 1996, on GE Capital's motion for relief from the automatic stay. The motion was opposed by debtor's chapter 7 trustee. The trustee argued that, at the time debtor filed its chapter 7 petition, GE Capital's liens on six of debtor's tractors were unperfected and were therefore subject to avoidance by the trustee. At the conclusion of the hearing, the court took the matter...

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