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IN RE GAINEY

Bankruptcy No. 81-00572-MN.

17 B.R. 397 (1982)

In re Joseph Clifton GAINEY, Jr., Debtor.

United States Bankruptcy Court, E.D. Virginia, Newport News Division.

February 10, 1982.

Attorney(s) appearing for the Case

Richard W. Hudgins, Hudgins & Neale, Newport News, Va., for debtor.

E. Ralph James, James, Richardson, James, Sawyer & Quinn, Hampton, Va., for First Peninsula Bank & Trust Co.

MEMORANDUM ORDER

HAL J. BONNEY, Jr., Bankruptcy Judge.

The debtor, Joseph Clifton Gainey, Jr., seeks confirmation of his Chapter 13 plan. While no written objection was filed, none is required. Counsel for the First Peninsula Bank & Trust Co. appeared and argued that confirmation was not proper.

Gainey, you see, filed a Chapter 7 [straight] bankruptcy petition on July 22, 1981, and was even granted his discharge on October 30th. The bank, as...

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