IN RE HILL

Bankruptcy No. 1-86-02737, Adv. No. 1-87-0238.

83 B.R. 522 (1988)

In re Hugh Gerald HILL & Era Gwendolyn Hill, Debtors. Hugh Gerald HILL & Era Gwendolyn Hill, Plaintiffs, v. William F. EARTHMAN, Richard D. Taylor, & First National Bank of McMinnville, Tennessee, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

February 25, 1988.


Attorney(s) appearing for the Case

Robert S. Peters of Swafford, Peters & O'Neal, Winchester, Tenn., for debtors.

Maclin P. Davis, Jr. and H. Buckley Cole of Waller, Lansden, Dortch & Davis, Nashville, Tenn., and Alf Adams, Jr., of Adams, Taylor, Philbin, Pigue & Marchetti, Nashville, Tenn., for defendants, William F. Earthman and Richard D. Taylor.

Scott N. Brown, Jr., of Brown, Dobson, Burnette and Kesler, Chattanooga, Tenn., for defendant, First Nat. Bank of McMinnville.


RALPH H. KELLEY, Chief Judge.

The court lifted the automatic stay in the plaintiffs' (the Hills') bankruptcy case so that First National Bank of McMinnville could foreclose a mortgage on the Hills' land. The bank transferred the mortgage to the defendant, Earthman, who began foreclosure.

Earthman and the Hills disagreed over who was entitled to nursery plants the Hills were raising on the land. The Hills threatened to remove the plants or actually began removing...

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