Bankruptcy No. 79-03140A, Adv. No. 79-0046A.

4 B.R. 1 (1980)

In re Julian H. EADY, Debtor. John J. GOGER, Trustee and Plaintiff, v. UNITED STATES of America; Georgia Department of Revenue, Withholding Tax Section; Georgia Sales and Use Tax Unit, State of Georgia, Department of Revenue; State of Georgia Central Audit Unit; Georgia Department of Labor, Employment Security Agency; State of Georgia Income Tax Unit; Tax Commissioner, De Kalb County; Tax Commissioner, Butts County; Tax Commissioner, Clayton County; Tax Commissioner, Henry County; Tax Commissioner, Newton County; Jack W. Chancey; Swan Construction Company, Inc.; Bags by Frances, Inc.; Jo Swan; Evelyn Dickmax; First Georgia Bank; C.J. Hulsey, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

March 20, 1980.

Attorney(s) appearing for the Case

John J. Goger, Arrington, Rubin, Winter, Kirscher & Goger, Atlanta, Ga., for trustee and plaintiff.

Douglas R. Haynie, Haynie & Willis, Marietta, Ga., for defendant Chancey.

Alvin L. Bridges, Jr., Dunaway, Haas, Broome, Hope & Bridges, Atlanta, Ga., for defendant Hulsey.


W. HOMER DRAKE, Jr., Bankruptcy Judge.

On October 23, 1979, the above-named debtor filed a petition for relief under Chapter 3 of the Bankruptcy Code, 11 U.S.C. § 301. A trustee for his estate was appointed and on December 10, 1979, the trustee filed a complaint to sell, inter alia, certain equipment, inventory and realty located at 3911 Covington Highway, Decatur, Georgia, known as "Julian's Tavern." The

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