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IN RE HEFLIN

United States Bankruptcy Court, W.D. Kentucky, Paducah Division.
Jul 6, 2005
ORDER

THOMAS FULTON, Bankruptcy Judge

THIS CORE PROCEEDING comes before the Court on Plaintiff C-Plant Federal Credit Union's ("Plaintiff") Verified Complaint to Determine the Dischargeability of Debt and for Judgment for Damages. The Plaintiff is alleging that David Keith Heflin and Rebecca Jane Heflin ("Defendants") wrongfully removed, disposed of and/or kept tangible personal property and fixtures that were subject to the Plaintiff's security interest. Plaintiff is requesting that the debt owed to it by the Defendants be held nondischargeable under 11 U.S.C. §§ 523(a)(4) and (a)(6). The Defendants respond that the items in question are not fixtures and are not subject to the Plaintiff's security agreement.

28 U.S.C. § 157(b)(2)(B).

Based on the statements of counsel, the testimony of witnesses at trial, the evidentiary deposition of Plaintiff David Keith Heflin, and the entire record of this case, this Court finds in favor of the Plaintiff and orders the debt owed to the Plaintiff in the amount of $6,872.36 nondischargeable.