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IN RE LITTON

Bankruptcy No. 7-92-00687-HPA-11, Adversary No. 7-96-00126.

222 B.R. 788 (1998)

In re James P. LITTON, Debtor. James P. LITTON, Plaintiff, v. WACHOVIA BANK, N.A., Defendant.

United States Bankruptcy Court, W.D. Virginia, Abingdon Division.

July 1, 1998.

Attorney(s) appearing for the Case

Robert T. Copeland, Copeland, Molinary & Bieger, Abingdon, VA, for debtor.

Mark L. Esposito, Penn, Stuart & Eskridge, Bristol, VA, for defendant.

MEMORANDUM OPINION

H. CLYDE PEARSON, Bankruptcy Judge.

This adversary proceeding is before the Court to enjoin the Defendant, Wachovia Bank, N.A. ("Wachovia"), from foreclosing on certain property of the Debtor. By Order entered May 10, 1996 the Court temporarily enjoined the Defendant for the determination of whether Debtor is barred by the doctrine of "substantial consummation" from modifying his Chapter 11 plan. For the reasons hereafter stated, pursuant...

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