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IN RE RIVERS

Bankruptcy No. 1-81-00682.

19 B.R. 438 (1982)

In re Ulysses RIVERS, Jr., Debtor.

United States Bankruptcy Court, E.D. Tennessee.

April 14, 1982.

Attorney(s) appearing for the Case

Fred T. Hanzelik, Lee & Hanzelik, Chattanooga, Tenn., Henry F. Field and Peter Y. Connor, Friedman & Koven, Chicago, Ill., for Alabama Furniture Co.; Abe Fortas, Fortas & Koven, Washington, D.C., of counsel.

Kyle R. Weems and Richard T. Klingler, Weill, Ellis, Weems & Copeland, Chattanooga, Tenn., for C. Kenneth Still, Trustee.

Jeffrey Lee Hoffman for Southeast Tennessee Legal Services, Chattanooga, Tenn., amicus curiae.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The debtor, Ulysses Rivers, Jr., filed a petition and plan under chapter 13 of the Bankruptcy Code. A creditor, Alabama Furniture Company, filed a motion to dismiss the case.

The motion avers that the court cannot constitutionally exercise jurisdiction in a bankruptcy case because the bankruptcy judge does not have the tenure and salary protections afforded to federal judges by Article III, § 1 of...

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