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IN RE GASS

Bankruptcy No. 1-84-00178, Adv. No. 1-84-0169.

57 B.R. 109 (1985)

In re Wendell Nelson GASS, Dorothy Marie Gass, Debtors. Wendell Nelson GASS, Dorothy Marie Gass, Plaintiffs, v. MID-STATE HOMES, INC., & Best Insurors, Inc., Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 31, 1985.

Attorney(s) appearing for the Case

Robert J. Harriss of Harriss, Hartman, Aaron, Townley, & Wharton, Rossville, Ga., for plaintiffs.

Richard H. Gill of Copeland, Franco, Spears and Gill, Montgomery, Ala., and Phillip M. Durrence of Hall, Haynes, Lusk & Foster, Chattanooga, Tenn., for defendant, Mid-State Homes, Inc.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This is a suit by the chapter 13 debtors against the holder of a mortgage on their house, Mid-State Homes, to determine how they should divide the money paid by the fire insurance company after the house burned to the ground. The parties stipulated the facts as follows.

On November 22, 1980, Wendell N. Gass and wife, Dorothy M. Gass entered into and signed a contract with Jim Walter Homes in Scottsboro...

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