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IN RE FOWLER

Bankruptcy No. 95-33244, Adv. No. 96-3074.

201 B.R. 771 (1996)

In re Terry Recee FOWLER, Debtor. Mary C. WALKER, Trustee, Plaintiff, v. Malcolm N. ELAM and Terry Recee Fowler, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

October 10, 1996.

Attorney(s) appearing for the Case

Walker & Walker, P.C. John A. Walker, Jr., Knoxville, TN, for Plaintiff.

Egerton, McAfee, Armistead & Davis, P.C., Stephen A. McSween, Knoxville, TN, for Defendant Malcolm N. Elam.

RICHARD S. STAIR, Jr., Chief Judge.

The court has before it cross-motions for summary judgment. The Plaintiff, Chapter 7 Trustee Mary C. Walker, filed a Motion for Summary Judgment on August 13, 1996. The Defendant, Malcolm N. Elam (Defendant), filed a Motion for Summary Judgment on September 3, 1996. The motions and responses are supported by documents and affidavits executed by the Defendant and Steve R. York, an acquaintance of the Debtor.

The Trustee commenced...

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