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IN RE SMITH

Bankruptcy Nos. 97-35283(2)7, 97-35780(2)7. Adversary Nos. 98-3083, 98-3084, 98-3003.

238 B.R. 664 (1999)

In re Lawrence F. SMITH d/b/a, T.W. Enterprises, Dollye D. Smith, Tim W. Weathers, Angela D. Weathers, Debtors. Cumberland Surety Insurance Co., Inc., The Mountbatten Surety Co., Plaintiffs, v. Lawrence F. Smith d/b/a, T.W. Enterprises, Dollye D. Smith, Tim W. Weathers, Angela D. Weathers, Defendants.

United States Bankruptcy Court, W.D. Kentucky, Louisville Division.

July 3, 1999.

Attorney(s) appearing for the Case

Wallace H. Spalding, III, Louisville, KY, for debtor.

Kyle Cooper, Louisville, KY, trustee.

Susan I. Hellerman, Cumberland Surety Ins. Co., Inc., Lexington, KY, for plaintiff.

Steven A. Snow, Louisville, KY, for defendant.

David M. Cantor, Louisvilly, KY, Dwight Cosby, Radcliff, KY.

MEMORANDUM OPINION

J. WENDELL ROBERTS, Bankruptcy Judge.

The two Plaintiffs, Cumberland Surety Insurance Co., Inc. ("Cumberland"), and Mountbatten Insurance Co., Inc. ("Mountbatten"), are both insurance companies that issued surety bonds for T.W. Enterprises, a construction company solely owned by the Debtor husbands in this bankruptcy action. The Plaintiffs were called upon to make payments to materialmen, suppliers and laborers under the surety...

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