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IN RE WUERZBERGER

Bankruptcy No. 5-01-00232. Adversary No. 5-01-00026A.

271 B.R. 778 (2002)

In re James Ralph WUERZBERGER, Debtor. John G. Leake, Trustee, Plaintiff, v. Oakwood Acceptance Corporation, Defendant.

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

January 3, 2002.

Attorney(s) appearing for the Case

J. Forester Taylor, Staunton, VA, for debtor.

John G. Leake, Harrisonburg, VA, trustee.

Dale Davenport, Harrisonburg, VA, for trustee.

Thomas Domonoske, Harrisonburg, VA, special counsel for trustee.

Boyce Brannock, Staunton, VA, Peter Partee, Richmond, VA, Richard Maxwell, Charlottesville, VA, for Oakwood Acceptance Corporation.

DECISION AND ORDER

ROSS W. KRUMM, Bankruptcy Judge.

Before the court is a motion for summary judgment to determine the lien interest in a mobile home of a party who admittedly assigned all of its interest in a lien to a securitization trust, but who also claims to have retained some modicum of legal title through the retention of the contractual right to service the loan and by the party's name remaining noted as a lienholder on the certificate of title...

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