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IN RE WILLIE

Bankruptcy No. 393-01771, Adv. No. 393-00136.

157 B.R. 623 (1993)

In re Jac'lyn Troutman WILLIE, Debtor. Jac'lyn Troutman WILLIE, Plaintiff/Counter-Defendant, v. FIRST AMERICAN NATIONAL BANK, Defendant/Counter-Claimant.

United States Bankruptcy Court, M.D. Tennessee.

August 27, 1993.

Attorney(s) appearing for the Case

Steven Lefkovitz, Nashville, TN, for plaintiff/counter-defendant.

David M. Smythe, Nashville, TN, for defendant/counter-claimant.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the "same class" test for enforcement of future advance clauses in security instruments, announced by this court in Third Nat'l Bank v. Johnson (In re Johnson), 9 B.R. 713 (Bankr.M.D.Tenn.1981), survived the enactment of Tenn.Code Ann. § 47-50-112(b) in 1983. The "same class" rule was repudiated by the Tennessee legislature....

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