IN RE HAFFNER

No. 380-01260, Adv. No. 380-0462.

12 B.R. 371 (1981)

In re Harry T. HAFFNER and George Ann Haffner, Debtors. COMMERCE UNION BANK, Plaintiff, v. Harry T. HAFFNER and George Ann Haffner, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

June 25, 1981.


Attorney(s) appearing for the Case

William C. Agrabrite, Nashville, Tenn., for plaintiff.

B. Gail Reese, Darrell West, Nashville, Tenn., for defendants.


MEMORANDUM

RUSSELL H. HIPPE, Jr., Bankruptcy Judge.

This matter is before the court upon the summary judgment motions of the parties seeking a determination of whether the plaintiff bank is entitled to relief from the automatic stay of 11 U.S.C. § 362(a) for the purpose of asserting a right of setoff under 11 U.S.C. § 553. There is no factual dispute.

On March 17, 1978, Commerce Union Bank [hereinafter, the Bank] issued to the debtors a...

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