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IN RE RIGGSBY

Bankruptcy No. 1-81-00994, Adv. No. 1-81-0414.

34 B.R. 440 (1983)

In re Edward Charles RIGGSBY and Donna Lee Riggsby, Debtors. Edward Charles RIGGSBY and Donna Lee Riggsby, Plaintiffs, v. FORT OGLETHORPE STATE BANK, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

September 27, 1983.

Attorney(s) appearing for the Case

Bates, Bryan, Jr., Chattanooga, Tenn., for plaintiffs.

Mark J. Mayfield, Chattanooga, Tenn., for defendant.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The plaintiffs brought this suit against the defendant to recover and exempt an alleged set-off. 11 U.S.C. §§ 522(h) & 553.

One of the plaintiffs, Mrs. Riggsby, had arranged for her payroll checks to be deposited directly to her checking account with the defendant, without her actually receiving the check.

On April 23, 1981, the defendant...

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