IN RE KENNEDY

Bankruptcy Nos. 91-43526, 91-43766.

139 B.R. 389 (1992)

In re David L. KENNEDY and Kathy S. Kennedy. In re John O. NICHOLAS and Barbara Nicholas. Locke D. BARKLEY, Trustee for the Estate of David L. Kennedy and Kathy S. Kennedy, Movants, v. TOWER LOAN OF MISSISSIPPI, INC., Respondent. John O. NICHOLAS and Barbara Nicholas, Movants, v. TOWER LOAN OF MISSISSIPPI, INC., Respondent.

United States Bankruptcy Court, N.D. Mississippi.

March 27, 1992.


Attorney(s) appearing for the Case

William J. Clayton, Batesville, Miss., for David L. Kennedy and Kathy S. Kennedy.

Joe D. Pegram, Oxford, Miss., for John O. Nicholas and Barbara Nicholas.

Harold J. Barkley, Jr., Jackson, Miss., for Locke D. Barkley, trustee.

Richard J. Rohman, Bridgeforth, Love, Norquist and Rohman, Yazoo City, Miss., William J. Lutz and Patrick F. McAllister, Jackson, Miss., for Tower Loan of Mississippi, Inc.


OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration before the court are the following:

1. Motion to avoid a nonpossessory, nonpurchase-money security interest filed by Locke D. Barkley, Trustee for the Estate of David L. Kennedy and Kathy S. Kennedy, debtors, against Tower Loan of Mississippi, Inc.; the request of the debtors to join as parties to the trustee's motion; responses to the motion and the request for joinder filed by Tower...

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