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IN RE BOYD

Bankruptcy No. 7-80-00438, Adv. No. 7-80-0133.

11 B.R. 690 (1981)

In re E.G. BOYD, Betty Marie Owens Boyd, Debtors. FARMERS & MERCHANTS BANK OF BOONES MILL, VIRGINIA, Plaintiff, v. E.G. BOYD, Betty Marie Owens Boyd, and George A. McLean, Jr., Trustee, Defendants.

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

June 16, 1981.

Attorney(s) appearing for the Case

Ralph B. Rhodes, Hutcherson & Rhodes, Rocky Mount, Va., for plaintiff.

Bobby R. Osborne, Roanoke, Va., for debtors/defendants.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue before the Court is whether a judgment lien of the Plaintiff should be avoided which was obtained by the Plaintiff within ninety (90) days of the date of the petition filed herein.

FINDINGS OF FACTS

The Debtors at the time of the petition filed herein on April 23, 1980 owned real estate consisting of a residence and two lots in Franklin County, Virginia. On April...

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