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APPEAL OF SWARTZ

No. 93-1757.

18 F.3d 413 (1994)

Farm Credit Bank of St. Louis, a federally chartered corporation, Farmers Pellet Company, Bank and Trust Company of Litchfield, Appellees, and James E. Lucas and Thelma F. Lucas, Debtors-Appellees. Appeal of John L. SWARTZ, Trustee.

United States Court of Appeals, Seventh Circuit.

Decided March 7, 1994.

Rehearing Denied May 6, 1994.

Attorney(s) appearing for the Case

John L. Swartz, Arthur B. Cornell, Jr. (argued), Giffin, Winning, Cohen & Bodewes, Springfield, IL, for John L. Swartz.

U.S. Trustee, Peoria, IL.

Mariann Pogge, Springfield, IL, for Farmers Pellet Co.

Ralph E. Bawden, Farmersville, IL, for Bank and Trust Co. of Litchfield.

Jeffrey D. Richardson (argued), Tietz & Richardson, Decatur, IL, for Farm Credit Bank of St. Louis.

John S. Narmont, Springfield, IL, for James E. Lucas and Thelma F. Lucas.

Before BAUER and RIPPLE, Circuit Judges, and REYNOLDS, District Judge.

BAUER, Circuit Judge.

This bankruptcy litigation concerns the relative rights of a judgment creditor, Farm Credit, and a bankruptcy trustee, John Swartz, to a particular quantity of stock owned by the debtors, James and Thelma Lucas. Before the obligation to Farm Credit arose and before the bankruptcy commenced, the Lucases had pledged the stock as security for a loan. The issue we must decide is whether by serving the Lucases with a citation to discover assets and...

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