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IN RE BANKS

Nos. 99-34944-T, 99-2120-T.

259 B.R. 848 (2001)

In re Timothy BANKS, Gladys Banks, Chapter 7 Debtors. Altegra Credit Company, Plaintiff, v. Timothy Banks, Gladys Banks, and Harry Shaia, Jr., Trustee, Defendants.

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

March 14, 2001.

Attorney(s) appearing for the Case

Frederick H. Kruck, Jr., Warrenton, for Altegra Credit Company.

Ellen P. Ray, Richmond, for Debtors.

Christopher T. McGee, Spinella, Owings and Shaia, P.C., Richmond, for Chapter 7 Trustee.

Gregg R. Nivala, Office of the U.S. Trustee, Richmond, Assistant United States Trustee.

MEMORANDUM OPINION (AMENDED)

DOUGLAS O. TICE, Jr., Chief Judge.

An evidentiary hearing was held December 22, 1999, on Altegra Credit Company's motion for relief from stay to permit it to foreclose on its security interest in debtors' real property. This contested matter involves a priority dispute between the trustee in bankruptcy and Altegra who claims a security interest in a mobile home. The issue is whether the mobile home placed upon debtors...

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