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IN RE ABRUZZESE

Bankruptcy No. 98-38447-T. Adversary No. 99-3021-T.

252 B.R. 341 (1999)

In re Richard A. & Terry M. ABRUZZESE. Kevin R. Huennekens, Trustee, Plaintiff, v. Richard A. Abruzzese, Terry M. Abruzzese, and Mercury Finance Company of Virginia, Defendants.

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

July 29, 1999.

Attorney(s) appearing for the Case

Louis S. Nuzzo, Hunzeker & Lyon, Fredericksburg, VA, for Debtors.

Blackwell N. Shelley, Jr., Butler, Macon, Williams & Pantel, Richmond, VA, Counsel to Trustee.

Kevin R. Huennekens, Richmond, VA, Chapter 7 Trustee.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Chief Judge.

On June 14, 1999, the court held trial on the trustee's complaint to determine the validity, extent and priority of a lien claimed by Mercury Finance Company of Virginia (Mercury Finance) on the debtors' 1995 Pontiac van. The trustee's position is that the lien constitutes an avoidable preference entitling the trustee to priority. Although named as defendants, the debtors took no part in the trial...

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