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IN RE HOLDER

Bankruptcy No. TX 84-87F.

52 B.R. 37 (1985)

In re Charles Houston HOLDER, Debtor. Charles Houston HOLDER, Plaintiff, v. PIKE COUNTY BANK, Defendant.

United States Bankruptcy Court, W.D. Arkansas, Texarkana Division.

August 9, 1985.

Attorney(s) appearing for the Case

Claude S. Hawkins, Jr., Ashdown, Ark., for debtor.

A.L. Tenney, Little Rock, Ark., trustee.

Don P. Chaney, Arkadelphia, Ark., for creditor.

MEMORANDUM OPINION

ROBERT F. FUSSELL, Bankruptcy Judge.

Charles Houston Holder, debtor and plaintiff in these Chapter 13 proceedings, has filed an action to set aside defendant Pike County Bank's mortgage lien on real property which Holder claims is his homestead. Pike County Bank has filed an answer and a motion to dismiss asserting that Holder and his former spouse conveyed their homestead rights when they executed the mortgage.

The parties have...

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