IN RE THOMAS

Bankruptcy No. 93-30629. Adv. No. 94-3153.

179 B.R. 523 (1995)

In re Ernest Eugene THOMAS d/b/a Thomas Produce, Debtor. John F. WEAVER, Trustee, Plaintiff, v. CITY OF KNOXVILLE, a municipal corporation, Victor Ashe, Mayor; Knoxville Police Department, Phil Keith, Chief; and Robert D. Lawson, Commissioner, Tennessee Department of Safety, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

March 20, 1995.


Attorney(s) appearing for the Case

McCord & Troutman, P.C., C. Mark Troutman, Knoxville, TN, for plaintiff.

Lewis, King, Krieg & Waldrop, P.C., M. Edward Owens, Jr., Knoxville, TN, for defendants City of Knoxville and Knoxville Police Dept.

Charles W. Burson, Atty. Gen. and Reporter, Kathleen Ayres, Asst. Atty. Gen., Tax Div., Bankruptcy Unit, Nashville, TN, for defendants Robert D. Lawson, Com'r, and Tennessee Dept. of Safety.


MEMORANDUM ON DEFENDANT CITY OF KNOXVILLE'S MOTION TO DISMISS AND ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

RICHARD S. STAIR, Jr., Chief Judge.

John F. Weaver, the Chapter 7 Trustee, commenced this adversary proceeding on November 17, 1994, asserting that the Defendants violated the automatic stay provisions of 11 U.S.C.A. § 362(a)(3) (West 1993 & Supp.1995). The alleged violations occurred when the Defendants seized a 1981 Mack...

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