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BRANCH BANKING & TRUST CO. v. RUSSELL

No. 5:95-CV-501-BR.

188 B.R. 542 (1995)

BRANCH BANKING & TRUST COMPANY, Appellant, v. C. Mark RUSSELL, Pamela A. Russell, Appellees.

United States District Court, E.D. North Carolina, Western Division.

November 17, 1995.

Attorney(s) appearing for the Case

Edward Johnston Harper, II, Greenville, NC, for appellant.

John P. Simpson, Morehead City, NC, for appellees.

ORDER

BRITT, District Judge.

This case is before the court on Branch Banking & Trust Company's ("BB & T") appeal from a decision of the bankruptcy court overruling its objection to confirmation of the Russells' Chapter 13 plan. For the reasons discussed below, the decision of the bankruptcy court is affirmed.

I. Background

BB & T loaned money to The Charter Restaurant, Inc. ("Charter"), a wholly-owned corporation...

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