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IN RE CUNNINGHAM

Bankruptcy No. 383-02385, Adv. No. 384-0405.

48 B.R. 509 (1985)

In re H.B. CUNNINGHAM and Mary Nell Cunningham, Debtors. CHASE MANHATTAN BANK, N.A., Plaintiff, v. T. Larry EDMONDSON, Trustee, Citizens Bank, H.B. Cunningham and Mary Nell Cunningham, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

April 8, 1985.

Attorney(s) appearing for the Case

F. Dulin Kelly, Hendersonville, Tenn., for debtors.

M. Edward Owens, Jr., Nashville, Tenn., for Chase Manhattan Bank, N.A.

Paul E. Jennings, Randal S. Mashburn, Nashville, Tenn., for Citizens Bank.

T. Larry Edmondson, Nashville, Tenn., Trustee.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The determinative question presented is whether the trustee in bankruptcy can require performance of a mortgage debt assumption agreement where partial failure of consideration would prevent the debtor from enforcing the agreement. Though there are many other issues lurking in this proceeding, the court answers the stated question against the trustee and reserves all other matters.

The following constitute...

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