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IN RE STULTS

Bankruptcy No. NK 85-02704, Adv. No. 86-0332.

65 B.R. 652 (1986)

In re James Douglas STULTS and Linda Ellen Stults, Debtors. Lloyd A. KELLUM, Trustee, Plaintiff, v. Florine HERSHBERGER, Defendant.

United States Bankruptcy Court, W.D. Michigan.

October 7, 1986.

Attorney(s) appearing for the Case

Mehl, Mehl, Beeson & Leatherman (Thomas M. Leatherman), Goshen, Ind., for defendant.

Stanley, Davidoff & Gray, P.C. (Robert E.L. Wright), Kalamazoo, Mich., for plaintiff.

OPINION

DAVID E. NIMS, Jr., Bankruptcy Judge.

MOBILE HOME — CONDITIONAL SALE — RETENTION OF TITLE

This matter is before the Court on plaintiff's motion for summary judgment. Plaintiff argues in his motion that a trustee in bankruptcy may use his "strong arm" powers to avoid the interest of a mobile home vendor who sells pursuant to a "conditional sales contract" and who fails to deliver the certificate of title to her buyer. For the...

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