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BOX v. FIRST STATE BANK

No. Civ.A. 05-2001.

340 B.R. 782 (2006)

Bernard K. BOX, doing business as Centex Agricultural Supply, and Patsy L. Box, Debtors, v. FIRST STATE BANK, Bremond S.S.B., Appellant.

United States District Court, S.D. Texas, Houston Division.

March 10, 2006.

Attorney(s) appearing for the Case

Bernard K. Box, Franklin, TX, pro se.

Frank Steelman, Attorney at Law, Bryan, TX, for Bernard K. Box, doing business as Centex Agricultural Supply.

Frank Steelman, Bryan, TX, for Patsy L. Box.

AMENDED MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

The First State Bank, Bremond S.S.B. ("Bank") appeals from the bankruptcy court's order denying the motion for relief from the stay imposed after Bernard K. Box and Patsy Box filed for bankruptcy under Chapter 7. The Boxes had obtained a home-equity loan from the Bank and used the loan proceeds to repay part of an unsecured preexisting debt also owed to the Bank. The bankruptcy court held that the...

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