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IN RE HUNTERS HORN ASSOCIATES

Bankruptcy No. 393-04318.

158 B.R. 729 (1993)

In re HUNTERS HORN ASSOCIATES, Debtor. UNION PLANTERS NATIONAL BANK, Movant, v. HUNTERS HORN ASSOCIATES, Respondent.

United States Bankruptcy Court, M.D. Tennessee.

September 22, 1993.

Attorney(s) appearing for the Case

Paul E. Jennings, Jennings, Lane & Ramer, Nashville, TN, for debtor.

Thomas T. Pennington, David T. Axford, Stokes & Bartholomew, P.A., Nashville, TN, for Union Planters Nat. Bank.

Barbara D. Holmes, Asst. U.S. Trustee, Nashville, TN, for E. Franklin Childress, Jr., U.S. Trustee, Region VIII.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the general partner of a Tennessee partnership has authority to file a voluntary Chapter 11 petition for the partnership if the general partner is a debtor in an individual Chapter 7 case. The general partner was without authority to commence this voluntary Chapter 11 case. The following are findings of fact and conclusions of law. Fed. R.Bankr.P. 7052.

I.

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