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IN RE BAKER

Bankruptcy No. 1-84-00910, Adv. No. 1-85-0023.

54 B.R. 743 (1985)

In re Gerald Lee BAKER & Betty Nichols Baker, d/b/a Bedford Grade Construction Company, Debtors. C. Kenneth STILL, Trustee, Plaintiff, v. PEOPLES NATIONAL BANK OF SHELBYVILLE, TENNESSEE and George Baker, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

October 31, 1985.

Attorney(s) appearing for the Case

Frank Van Cleave of Ray & Van Cleave, Tullahoma, Tenn., for plaintiff.

Andrew C. Rambo of Bomar, Shofner, Irion, & Rambo, Shelbyville, Tenn., for defendant, Peoples Nat. Bank.

Lee Russell of Russell & Russell, Shelbyville, Tenn., for defendant, George Baker.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The main issue between the plaintiff, trustee in bankruptcy, and the defendant, Peoples National Bank (the Bank), is whether the Bank had a perfected security interest in property that it foreclosed upon before the debtors' bankruptcy. The facts are as follows.

On January 29, 1980, Gerald Baker (the debtor), Alvis Baker, George Baker, and Don Baker executed a promissory note to the Bank and a security...

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