IN RE PEERY

Bankruptcy No. 383-01014, Adv. No. 383-0405.

40 B.R. 811 (1984)

In re Robert Clement PEERY, f/d/b/a Peery Construction Co., Debtor. NASHVILLE CITY BANK & TRUST COMPANY, Plaintiff, v. Robert Clement PEERY, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

June 12, 1984.


Attorney(s) appearing for the Case

Charles W. McElroy, B. Anthony Saunders, Boult, Cummings, Conners & Berry, Nashville, Tenn., for Nashville City Bank.

C. Kinian Cosner, Jr., Cosner & Waldschmidt, Nashville, Tenn., for debtor.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

A creditor seeks to deny the debtor's discharge under 11 U.S.C.A. § 727(a)(2)(A) (West 1979). The issues are: (1) whether a testamentary devise is an "interest in property"; (2) whether renunciation of a devise constitutes a "transfer;" (3) whether a "relation-back" provision of state law affects the date of transfer; and (4) whether the renunciation was intended to hinder, delay or defraud creditors. After...

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