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IN RE PAYNE

Bankruptcy No. 1-84-02227, Adv. No. 1-87-0226.

88 B.R. 818 (1988)

In re Michael Lamar PAYNE, et ux., Debtors. Kyle R. WEEMS, Trustee, Plaintiff, v. Clyde A. WINSTON, d.b.a. Winston Motors, Defendant and Third-Party Plaintiff, v. Connie Jayne PAYNE, Third-Party Defendant.

United States Bankruptcy Court, E.D. Tennessee.

July 27, 1988.

Attorney(s) appearing for the Case

Lorraine Raymond, Chattanooga, Tenn., for debtors.

Mark J. Mayfield, Chattanooga, Tenn., for Winston.

Kyle R. Weems, Chattanooga, Tenn., for Weems, trustee.

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

The chapter 7 trustee has filed this action to avoid an unperfected security interest in a 1982 Ford Escort automobile purchased by the debtor from the defendant. Crucial to the trustee's case is a finding that the 1982 Ford Escort constitutes property of the estate. An analysis of the appropriate provisions of the Bankruptcy Code leads this court to conclude that the automobile is not property of the estate and...

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