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IN RE STEPHENS

Bankruptcy No. BK83-6342, Adv. No. AP84-0182.

43 B.R. 97 (1984)

In re Kay Shelton STEPHENS d/b/a Sumter Flowers, Debtor. J. William WHITE, Trustee, Plaintiff, v. Kay Shelton STEPHENS and Ball Seed Company, Inc.

United States Bankruptcy Court, N.D. Alabama, W.D.

October 4, 1984.

Attorney(s) appearing for the Case

J. William White, Scottsboro, Ala., Trustee.

Edward H. Pradat, Tuscaloosa, Ala., for debtor.

Richard S. Manley, Demopolis, Ala., for defendant, Ball Seed Co., Inc.

MEMORANDUM OF DECISION

GEORGE S. WRIGHT, Bankruptcy Judge.

This matter is before the Court on the Trustee's motion for summary judgment. The facts of this case are not in dispute. The only issue presented is whether wages which were garnished more than ninety days before the filing of the debtor's Chapter 7 petition, but upon which no judgment of condemnation was entered should be included in the debtor's bankruptcy estate.

FINDINGS OF FACT

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