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IN RE JOHNSON

Bankruptcy No. 382-00897, Adv. No. 382-0680.

39 B.R. 358 (1984)

In re James Allen JOHNSON, Ind. & f/d/b/a a partner in the partnership of Mastercraft Tool & Die and Donna Jane Johnson, Debtors. Larry STEWART, Trustee, Plaintiff, v. The FARMERS BANK, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

April 4, 1984.

Attorney(s) appearing for the Case

D. Reed Houk, Donelson, Stokes & Bartholomew, Nashville, Tenn., for trustee.

John R. Phillips, Jr., Phillips & Ingrum, Gallatin, Tenn., for The Farmers Bank.

J.K. Woodard, Madison, Tenn., for debtors.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The trustee seeks a declaratory judgment of entitlement to the proceeds from the sale of the debtors' land. The issues are: (1) whether postpetition perfection of the bank's security interest by payment of state recordation taxes and statutory penalties relates back to perfection of the original deed of trust to protect the bank's security interest from avoidance by the trustee; and (2) if the bank's security...

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