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IN RE DARBY

Bankruptcy No. 96-4048-APG, Adversary No. 97-0303-APG.

226 B.R. 126 (1998)

In re Larry Eugene DARBY, Debtor. E. Eugene DARBY and Larry Eugene Darby, Plaintiffs, v. Tom McGREGOR, Trustee, Defendant.

United States Bankruptcy Court, M.D. Alabama.

October 19, 1998.

Attorney(s) appearing for the Case

Joseph W. Warren, Capouano, Smith, Warren & Klinner, Montgomery, AL, for E. Eugene Darby.

Earl Gillian, Jr., Montgomery, AL, for Larry Darby.

Janie S. Gilliland, Memory & Gilliland, L.L.C., Montomgery, AL, for Trustee.

Susan Shirock DePaola, Montgomery, AL, Guardian ad litem.

Tom McGregor, Montgomery, AL, Trustee.

OPINION

A. POPE GORDON, Bankruptcy Judge.

Plaintiff E. Eugene Darby, the debtor's father, filed a complaint to determine the extent of the interest of the bankruptcy estate in two prepaid college tuition contracts purchased for the debtor's minor children.1

The parties submitted the proceeding on briefs following trial on August 11, 1998.2

FACTS

Eugene Darby, the debtor's...

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