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IN RE TYRINGHAM HOLDINGS INC.

Bankruptcy No. 06-32385-DOT, Adversary No. 06-03142-DOT.

354 B.R. 363 (2006)

In re TYRINGHAM HOLDINGS INC., Chapter 11 Debtor. The Official Committee of Unsecured Creditors for Tringham Holdings, Inc., Plaintiff, v. Suna Bros. Inc., Defendant.

United States Bankruptcy Court, E.D. Virginia.

December 1, 2006.

Attorney(s) appearing for the Case

Karen M. Crowley, Esquire, Marcus, Santoro & Kozak, P.C., Chesapeaks, VA, Counsel for Plaintiff, Official Committee of Unsecured Creditors.

Lynn L. Tavenner, Esquire, Paula S. Reran, Esquire, Tavenner & Beran, PLC, Richmond, VA, Counsel for Debtor.

David M. Ruby, Esquire, Michele A. Mulligan, Esquire, McSweeney, Crump, Childress & Gould, P.C., Richmond, VA, Counsel for Defendant, Suna Bros. Inc.

Loc Pfeiffer, Esquire, Kutak Rock, LLP, Richmond, VA, Counsel for Tringham Investments, Ltd.

Peter Antoszyk, Esquire, Proskauer Rose, LLP, Boston, MA, Counsel for Bank of America.

Robert B. Van Arsdale, Esquire, Office of the United States Trustee, Richmond, VA, Assistant United States Trustee.

MEMORANDUM OPINION AND ORDER

DOUGLAS O. TICE JR., Chief Judge.

Trial was held on November 13, 2006, on plaintiffs complaint to determine the validity, priority, or extent of a lien under a consignment held by defendant Suna Bros. Inc. The issue is whether Suna's financing statement was seriously misleading because it was not filed under the correct name of the debtor. For the reasons set forth below, the court finds that the financing statement is...

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