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IN RE HENDERSON

No. 3:90-0299.

127 B.R. 168 (1991)

In re Phillip Stephen HENDERSON, Debtor. Robert H. WALDSCHMIDT, Trustee, Plaintiff/Appellee, v. Bobby DUDLEY and Nancy Dudley, Defendants/Appellants.

United States District Court, M.D. Tennessee, Nashville Division.

April 26, 1991.

Attorney(s) appearing for the Case

Robert H. Waldschmidt, Howell, Fisher & Branham, Nashville, Tenn., for debtor and plaintiff/appellee.

Lucius P. Hawes, Jr., Hopkinsville, Ky., Rob Moyer, Fleming, Rudolph, Ross & Fendley, Clarksville, Tenn., for defendants/appellants.

MEMORANDUM

WISEMAN, Chief Judge.

This bankruptcy appeal involves a dispute between the appellants and the Trustee over certain assets of the Debtor. The appellants are alleged partnership creditors of the Debtor and appeal the Bankruptcy Court's decision that the assets claimed by both sides are assets of a sole proprietorship operated by the Debtor at the time of the filing of his Chapter 7 petition. For the following reasons, the Court reverses the Bankruptcy...

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