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IN RE WUERZBERGER

Bankruptcy No. 5-01-00232. Adversary No. 5-02-00005A.

284 B.R. 814 (2002)

In re James Ralph WUERZBERGER, Debtor. The Bank of New York, Trustee of the Oakwood Acceptance Corporation REMIC Trust 1994-1, Plaintiff, v. John G. Leake, Chapter 7 Trustee, Defendant.

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

July 31, 2002.

Attorney(s) appearing for the Case

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

John G. Leake, Harrisonburg, VA, trustee.

DECISION AND ORDER

ROSS W. KRUMM, Bankruptcy Judge.

This matter arises in the context of an adversary proceeding filed in the above-captioned Chapter 7 bankruptcy case. The Bank of New York (hereinafter "Bank") moves this court to grant partial summary judgment declaring that as of the date that James Ralph Wuerzberger (hereinafter "Debtor") filed his bankruptcy petition the Bank held a valid, enforceable, properly executed and unavoidable security interest...

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