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IN RE HOCKADAY

Bankruptcy No. 392-10244.

169 B.R. 640 (1994)

In re James Edward HOCKADAY, Sr., f/d/b/a C & H Equipment, Debtor. MUNICIPAL EQUIPMENT MFG., INC., Movant, v. William L. NEWPORT, Trustee, Respondent.

United States Bankruptcy Court, M.D. Tennessee.

July 13, 1994.

Attorney(s) appearing for the Case

Randal S. Mashburn, Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Nashville, TN, for William Lamar Newport, Trustee.

Isham B. Bradley, Franklin, TN, for Mun. Equipment Mfg., Inc.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a judgment creditor's attempted prepetition levy on property of the debtor defeats the Chapter 7 trustee's hypothetical judgment lien creditor status under 11 U.S.C. § 544(a).1 The trustee prevails because the creditor's levy was defective under Tennessee law. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052...

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