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IN RE CUSTOM COALS LAUREL

Bankruptcy No. 97-23405 JKF. Motion No. GEC-1.

258 B.R. 597 (2001)

In re CUSTOM COALS LAUREL, Debtor. U.S. Bank f/k/a United States National Bank in Johnstown, Movant, v. Custom Coals Laurel, Utica Mutual Insurance Company, NSM-Anglo-Holdings Corp., Tanoma Coal Sales, Inc., and Paul F. Glenn Revocable Trust, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

February 13, 2001.

Attorney(s) appearing for the Case

Gilbert E. Caroff, Johnstown, PA, Eric Sobkiewicz, Pittsburgh, PA, for U.S. Bank.

Robert G. Sable, Mark E. Freedlander, David I. Swan, Pittsburgh, PA, for Debtor.

Bradley J. Stevens, Phoenix, AZ, for Paul F. Glenn Revocable Trust.

Edmund M. Carney, Steven Petrikis, Pittsburgh, PA, for Tanoma Coal Sales, Inc.

Richard A. Pollard, Pittsburgh, PA, Jacqueline M. Kelleher, Plattsburgh, NY, for Utica Mutual Insurance Company.

Douglas R.M. Nazarian, David P. King, Baltimore, MD, T. Lawrence Palmer, Wexford, PA, for NSM-Anglo-Holdings Corp.

MEMORANDUM OPINION1

JUDITH K. FITZGERALD, Chief Judge.

The matter before the court is U.S. Bank's Motion for Relief from the Automatic Stay under § 362(d)(2) to enforce its rights as a secured creditor with a perfected interest in annuities owned by Debtor and held by Utica Mutual Insurance Company ("Utica Mutual"). The Respondents assert that U.S. Bank is not properly perfected and that each of the creditor Respondents...

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