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IN RE PHILLIPS

Bankruptcy No. 7-85-00711-A.

55 B.R. 663 (1985)

In re Jacob Matthew PHILLIPS, Charlene Tweedy Phillips, t/a Village Variety 5 & 10, Debtors. CREDITWAY OF AMERICA, Movant, v. Jacob M. PHILLIPS, et ux., Respondents.

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

December 16, 1985.

Attorney(s) appearing for the Case

Kwass, Stone, McGhee & Feuchtenberger, Bluefield, W.Va., and W.L. Osborne, Jr., Bluefield, Va., for debtor/respondents.

Copeland, Molinary & Bieger, Abingdon, Va., for movant.

Robert E. Wick, Jr., Bristol, Va., trustee.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue for determination is whether the motion of Creditway of America ("Creditway") for relief from the stay to repossess collateral should be granted.

Upon hearing before the Court ore tenus, the facts appeared as follows. The Debtors, Jacob M. Phillips and his wife, Charlene T. Phillips, jointly owned the Village Variety 5 &...

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