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IN RE HICKMAN

Bankruptcy No. 18300310, Adv. No. 1830077.

34 B.R. 310 (1983)

In re Murray Lee HICKMAN, Ann Hickman, Debtors. MAMMOTH CAVE PRODUCTION CREDIT ASSOCIATION, Plaintiff, v. Murray Lee & Ann HICKMAN d/b/a Walnut Hill Farms, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

November 7, 1983.

Attorney(s) appearing for the Case

John W. Ames, Louisville, Ky., G. William Leach, Franklin, Ky., for debtors.

Richard Frockt, Louisville, Ky., and H. Jefferson Herbert, Glasgow, Ky., for plaintiff.

Joseph E. Fineman, Louisville, Ky., counsel for Federal Intermediate Credit Bank.

MEMORANDUM AND ORDER

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

In procedural terms the matter before the Court is nothing more than a motion to dismiss a counterclaim. In substance, however, the pleading focuses with alarming clarity on the most fundamental conflict in bankruptcy reorganization law—the right of a creditor to full and immediate protection of its property as opposed to the right of a debtor to continue using property deemed necessary...

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