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IN RE DORTON

Bankruptcy No. 04-00151, Adversary No. 04-10028.

327 B.R. 14 (2005)

In re Philip Wayne DORTON, Debtor. Kevin R. McCarthy, Trustee, Plaintiff, v. BMW Bank of North America, Defendant.

United States Bankruptcy Court, District of Columbia.

June 21, 2005.

Attorney(s) appearing for the Case

Kevin R. McCarthy, Washington, DC, for plaintiff.

Ronald G. DeWald for defendant.

OPINION REGARDING DISMISSAL OF ADVERSARY PROCEEDING

S. MARTIN TEEL, JR., Bankruptcy Judge.

The plaintiff, Kevin R. McCarthy, is the trustee of the debtor's estate under chapter 7 of the Bankruptcy Code (11 U.S.C.). The defendant, BMW Bank of North America ("BMW"), holds a security interest in a motor vehicle in which the debtor, Philip Wayne Dorton, owned an interest (which became property of the estate). McCarthy seeks to avoid BMW's security interest...

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