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IN RE MURRAY

Bankruptcy No. 95-07124-AT3-13.

199 B.R. 165 (1996)

In re Brittany Gricherry MURRAY, Debtor.

United States Bankruptcy Court, M.D. Tennessee.

July 31, 1996.

Attorney(s) appearing for the Case

Perry Happell, Nashville, TN, for Debtor.

Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the mother of a seven year old debtor has capacity to file a Chapter 13 petition as "next friend" for her daughter. The petition is proper under Rule 17(c) of the Federal Rules of Civil Procedure. The following are findings of fact and conclusions of law. FED. R.BANKR.P. 7052.

I

This Chapter 13 debtor was seven years old at the petition on October 6, 1995. The...

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