IN RE HAYNES

Bankruptcy No. 382-02008, Adv. No. 382-0540.

28 B.R. 136 (1983)

In re John Lewis HAYNES and Vera Mai Haynes, Debtors. Robert H. WALDSCHMIDT, Trustee, Plaintiff, v. MIRACLE MOTORS, John Lewis Haynes, and Vera Mai Haynes, Defendants.

United States Bankruptcy Court, M.D. Tennessee, Nashville Division.

February 18, 1983.


Attorney(s) appearing for the Case

Dick Eason, Nashville, Tenn., for debtors/defendants.

Robert H. Waldschmidt, Cosner, Waldschmidt & Crocker, Nashville, Tenn., Trustee.

Mose J. Davie, Nashville, Tenn., for Miracle Motors, Inc.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The trustee seeks to avoid a security interest in an automobile and to recover payments made by the debtors as allegedly preferential transfers. The elements of a preference are present and not in dispute. The only issue remaining is whether the defendant, Miracle Motors, perfected its security interest within 10 days and, therefore, is protected by the exception to the trustee's avoiding powers contained in...

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