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IN RE BOYD

Bankruptcy No. 187-10286-7, Adv. No. 188-1044.

96 B.R. 694 (1989)

In re Jack Thomas BOYD and Leann Bryan Boyd, d/b/a Boyd Carpets, Debtors. FIRST COMANCHE BANK, Plaintiff, v. Jack Thomas BOYD and Leann Bryan Boyd, d/b/a Boyd Carpets, Defendants.

United States Bankruptcy Court, N.D. Texas, Abilene Division.

March 3, 1989.

Attorney(s) appearing for the Case

Marc McBeath, Harris & McBeath, Abilene, Tex., for the Bank.

Thomas M. Wheeler, Abilene, Tex., for trustee.

MEMORANDUM OF OPINION ON RECOUPMENT

JOHN C. AKARD, Bankruptcy Judge.

Under the theory of recoupment, First Comanche Bank (Bank) seeks to recover funds presently in the hands of the Trustee-in-Bankruptcy.

FACTS1

For many years, Jack Thomas Boyd, one of the Debtors, operated a business known as Boyd Carpets in Comanche, Texas. During that time he was a customer of the Bank. On April 30, 1987 he borrowed $9,461...

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