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IN RE HENDERSON

Bankruptcy No. 01-41869-CRM. Adversary No. 02-5046.

284 B.R. 515 (2002)

In re C. Gordon HENDERSON and Dawn T. Henderson, Debtors. Jeff Macleod, Trustee, Plaintiff, v. Suntrust Bank Northwest Georgia f/k/a Trust Company Bank of Northwest Georgia, N.A., Defendant.

United States Bankruptcy Court, N.D. Georgia, Rome Division.

October 22, 2002.

Attorney(s) appearing for the Case

Jeff Macleod, Rome, GA, for Plaintiff.

Daniel M. Roper, Smith, Shaw & Maddox, LLP, Rome, GA, for Defendant.

ORDER

C. RAY MULLINS, Bankruptcy Judge.

This adversary proceeding is before the Court on the cross-motions for summary judgment of the Chapter 7 trustee, Jeff Macleod (the "Trustee"), and Suntrust Bank Northwest Georgia (the "Bank"). The parties seek a determination of whether the Bank's interest in C. Gordon Henderson's (the "Debtor") real property is superior to the Trustee's interest as a hypothetical lien creditor or a bona fide purchaser pursuant to...

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