IN RE BUCHANAN

Bankruptcy Nos. 3-82-00037, 3-82-00489, Adv. No. 3-82-0128.

35 B.R. 849 (1983)

In re Wayne G. BUCHANAN, a/k/a Asbery Buchanan, and Carolyn G. Buchanan, Debtors. In re Don A. MORTON, Debtor. Leon STEINBERG, Trustee and Douglas Q. Wickham, Trustee, Plaintiffs, v. Don MORTON; Michael Max Talley and wife, Eleanor Jean Talley; William Roger Phillips and wife, Gwendolyn Phillips; David F. Hill; David T. Hill; Robert N. Navratil, Trustee, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 30, 1983.


Attorney(s) appearing for the Case

Goddard & Gamble, Carl P. McDonald, Maryville, Tenn., for plaintiffs.

Bernstein, Susano, Stair & Cohen, L. Caesar Stair, III, Terri L. Tribble, Knoxville, Tenn., for defendants Hill.


CLIVE W. BARE, Bankruptcy Judge.

At issue is whether the plaintiff trustees may avoid, pursuant to 11 U.S.C.A. § 544 (1979), an unrecorded deed executed by the debtors when the debtors' title to the property involved is likewise derived from an unrecorded deed. Citing Tenn.Code Ann. § 66-5-106 (1982)1 and § 66-26-103 (1982),2 the trustees insist they may avoid the debtors' unrecorded deed to...

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