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IN RE STOREY

Bankruptcy No. 93-08973-KL3-7. Adv. No. 394-0055A.

172 B.R. 872 (1994)

In re Lenore Berry Ross STOREY, Debtor. BRADFORD FURNITURE CO., INC., Plaintiff, v. Lenore Berry Ross STOREY and Robert H. Waldschmidt, Trustee, Defendants. Robert H. WALDSCHMIDT, Trustee, Counter-Plaintiff, v. BRADFORD FURNITURE CO., INC., Counter-Defendant.

United States Bankruptcy Court, M.D. Tennessee.

September 27, 1994.

Attorney(s) appearing for the Case

Steve Lefkovitz, Nashville, TN, for Lenore Berry Ross Storey, debtor.

Robert H. Waldschmidt, Howell & Fisher, Nashville, TN, for Robert H. Waldschmidt, Trustee.

Steve Jordan, Franklin, TN, for Bradford Furniture Co., Inc.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

This is a battle between the debtor, a garnishing creditor and the Chapter 7 trustee over unpaid alimony owed to the debtor. Because garnishment of unpaid alimony is not prohibited by Tennessee law and because a Tennessee debtor's exemption in unpaid alimony is effective only with respect to alimony that becomes due more than 30 days after assertion of the exemption, the garnishing creditor defeats both the debtor...

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