IN RE KEN GARDNER FORD SALES, INC.

No. Civ-1-81-255.

23 B.R. 743 (1982)

In re KEN GARDNER FORD SALES, INC., Debtor. FORD MOTOR CREDIT COMPANY, Plaintiff, v. KEN GARDNER FORD SALES, INC. and Kyle Weems, Trustee, Defendants.

United States District Court, E.D. Tennessee, S.D.

August 23, 1982.


Attorney(s) appearing for the Case

Smith & Grisham, Richard C. Kennedy, Weill, Ellis, Weems & Copeland, Chattanooga, Tenn., for plaintiff.

Weill, Ellis, Weems & Copeland, H.L. Smith, Smith & Grisham, Thomas E. Ray, Chattanooga, Tenn., for defendants.


MEMORANDUM

FRANK W. WILSON, Chief Judge.

The present action is an appeal from the Bankruptcy Court. In March, 1980, Ken Gardner Ford Sales, Inc. ("Ken Gardner") the debtor, filed a petition in bankruptcy. This proceeding is an appeal by one of the creditors, Ford Motor Credit Company ("FMCC"), from a decision in favor of the trustee in bankruptcy. Two issues are presented. The first is whether the bankruptcy court erred in limiting FMCC's perfected security...

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