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IN RE HUNTZINGER

Bankruptcy No. 98-23754-13-JTF. Adversary No. 99-6101.

268 B.R. 263 (2000)

In re William Victor HUNTZINGER and Beverly Ann Huntzinger, Debtors. William H. Griffin, Standing Chapter 13 Trustee, Plaintiffs, v. Security State Bank, Defendant.

United States Bankruptcy Court, D. Kansas.

December 14, 2000.

Attorney(s) appearing for the Case

Mark J. Lazzo, Klenda, Mitchell, Austerman and Zuercher, L.L.C., Wichita, KS, for debtors.

Martin J. Peck, Wellington, KS, for defendant.

William H. Griffin, Topeka, KS, Standing Chapter 13 Trustee, pro se.

MEMORANDUM1

JOHN T. FLANNAGAN, Bankruptcy Judge.

William H. Griffin, the Standing Chapter 13 Trustee, alleges he can avoid Security State Bank's security interest in a contract for deed on real property. The debtors, Beverly A. and William V. Huntzinger, granted the security interest in their sellers' interest in the contract. Mr. Griffin relies on his status as a hypothetical lien creditor under § 544(a)(1...

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