IN RE SOUTHERN INDUS. BANKING CORP.

Bankruptcy No. 3-83-00372, Adv. No. 3-84-0146.

46 B.R. 306 (1985)

In re SOUTHERN INDUSTRIAL BANKING CORPORATION, d/b/a DAVECO, Debtor. BANK OF COMMERCE, Successor In Interest To Southern Industrial Banking Corporation, d/b/a DAVECO, Plaintiff, v. Berl D. FREELS and Lucille E. Freels, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

January 30, 1985.


Attorney(s) appearing for the Case

Frantz, McConnell & Seymour, Robert M. Bailey, Knoxville, Tenn., for plaintiff.

McNees, Lain, Roe & Knolton, Robert W. Knolton, Oak Ridge, Tenn., for defendants.


MEMORANDUM AND ORDER ON MOTIONS OF PLAINTIFF AND DEFENDANT FOR SUMMARY JUDGMENT

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether the remedy of equitable cancellation, sought by defendants in a state court action regarding allegedly forged deeds of trust, constitutes a "claim" under 11 U.S.C.A. § 101(4)(B) (1979).

Also at issue is whether creditors who had actual knowledge of the debtor's reorganization case, but who were given none of the...

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