IN RE PENDLETON

Bankruptcy Nos. 5-82-00319, 5-82-00318, Adv. No. 5-82-0073.

40 B.R. 306 (1984)

In re Joseph Allen PENDLETON, Monroe Allen Pendleton, Josephine Pendleton, Debtors. Joseph Allen PENDLETON, Monroe Allen Pendleton, Plaintiffs, v. DEALER WAREHOUSE, INC., and the United States of America By and Through the Farmers Home Administration, Defendants, v. ROEDER IMPLEMENT COMPANY, INC., Third Party Defendant.

United States Bankruptcy Court, W.D. Kentucky.

February 10, 1984.


Attorney(s) appearing for the Case

Sandra D. Freeburger, Fridy & Freeburger, Sebree, Ky., for debtors Pendleton.

Robert L. Fears, Hopkinsville, Ky., for Dealer Warehouse, Inc. and Roeder Implement Co.

Philip J. Dunnagan, Asst. U.S. Atty., Louisville, Ky., for U.S., FmHA.

David L. Cotthoff, Chewning, Underwood & Cotthoff, Hopkinsville, Ky., for Dade Bros. Farms.


MEMORANDUM OPINION

G. WILLIAM BROWN, Bankruptcy Judge.

Debtors-in-possession commenced this adversary proceeding by filing a complaint on December 30, 1982 seeking to avoid a garnishment by creditor, Dealer Warehouse, Inc., of approximately $5,000.00 within ninety (90) days of debtors' petitioning for relief under Chapter 11 of the Bankruptcy Reform Act of 1978. An amended complaint filed March 18, 1983 by debtors-in-possession specifically alleges: (1)...

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