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IN RE K & L LAKELAND, INC.

Nos. 96-1431, 96-1531.

128 F.3d 203 (1997)

In re K & L LAKELAND, INCORPORATED, d/b/a JKJ Chevrolet Sterling, Debtor. LOUDOUN LEASING DEVELOPMENT COMPANY, Plaintiff-Appellee, Richard G. Hall, Trustee-Appellee, v. FORD MOTOR CREDIT COMPANY, Defendant-Appellant. In re K & L LAKELAND, INCORPORATED, d/b/a JKJ Chevrolet Sterling, Debtor. LOUDOUN LEASING DEVELOPMENT COMPANY, Plaintiff-Appellant, v. FORD MOTOR CREDIT COMPANY, Defendant-Appellee, Richard G. Hall, Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1997.

Attorney(s) appearing for the Case

ARGUED: George Richard Pitts, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for Appellant. Robert Glenn Mayer, Mayer & Scanlan, P.C., Fairfax, VA, for Appellee Loudoun Leasing; Bruce Wayne Henry, Henry & Henry, P.C., Fairfax, VA, for Appellee Hall. ON BRIEF: Guy S. Neal, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for Appellant. Donna H. Henry, Dominique V. Sinesi, Henry & Henry, P.C., Fairfax, VA, for Appellee Hall.

Before ERVIN and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

No. 96-1431 reversed and No. 96-1531 affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Senior Judge PHILLIPS joined as to parts I, II, and III. Senior Judge PHILLIPS wrote an opinion concurring as to the result in part IV. Judge HAMILTON wrote a dissenting opinion as to part IV.

OPINION

ERVIN, Circuit Judge.

This matter arises from the underlying bankruptcy of Debtor K & L Lakeland (K & L), an automobile...

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