MATTER OF PENCE

No. 89-2416.

905 F.2d 1107 (1990)

In the Matter of Phyllis Maxine PENCE, Debtor. Appeal of PACESETTER BANK OF MONTPELIER.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 1990.

As Amended July 13, 1990.


Attorney(s) appearing for the Case

Robert G. Forbes, Forcum & Forbes, Hartford City, Ind., for defendant-appellant.

David Peebles, Peebles, Thompson, Rogers & Skekloff, Fort Wayne, Ind., for debtor.

Before WOOD, Jr., and COFFEY, Circuit Judges, and NOLAND, Senior District Judge.


HARLINGTON WOOD, Jr., Circuit Judge.

Pence's Garden and Gift Center and Village Pottery in Montpelier, Indiana is at the center of this dispute. Until her September 1987 voluntary chapter 13 bankruptcy petition, Phyllis Pence operated this business as a sole proprietorship.

Every bankruptcy case needs a creditor, and in this case, the creditor is Pacesetter Bank. In 1976, Mrs. Pence, along with her now-deceased husband, had borrowed $45,000 and $18,512 in...

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