Bankruptcy No. 79-30227.

4 B.R. 145 (1980)

In re Carter Clemen TARPLEY, Ind. & fmly. d/b/a Carter Tarpley Homebuilders, and Ind. and presently d/b/a a partner in the partnership of Tarpley, Moss & Cooper, Bankrupt. Richard F. LaROCHE, Jr., Gloria E. LaRoche, T. Larry Edmondson, Trustee, Plaintiffs, v. Carter Clemen TARPLEY, and Ed C. Loughry, Trustee for Murfreesboro Bank & Trust Co., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

April 23, 1980.

Attorney(s) appearing for the Case

Julie N. Jones, Bass, Berry & Sims, Nashville, Tenn., Matt B. Murfree, III, Murfreesboro, Tenn., for Ed C. Loughry.

Ken Burger, Murfreesboro, Tenn., for plaintiffs.

T. Larry Edmondson, Nashville, Tenn., trustee in bankruptcy.

Royce Taylor, Murfreesboro, Tenn., for bankrupt.


PAUL E. JENNINGS, Bankruptcy Judge.

This matter is before the court upon motion of the Defendant Loughry as Trustee for Murfreesboro Bank and Trust to dismiss the above styied litigation. The following shall constitute findings of fact and conclusions of law pursuant to F.R.B.P. 752.

Carter Clemen Tarpley filed bankruptcy on February 16, 1979. On his schedule he listed a transfer to Murfreesboro Bank and Trust (hereinafter Bank) "in June of...

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