IN RE MAGNESS

Bankruptcy No. 01-10678. Adversary No. 01-1051.

276 B.R. 167 (2002)

In re David MAGNESS, Jr. and Selena Magness. The Peoples Bank and Trust Company, Plaintiff, v. David Magness, Jr., Barbara Magness, David Magness, Sr., and Stephen P. Livingston, Sr., Defendants.

United States Bankruptcy Court, N.D. Mississippi.

March 15, 2002.


Attorney(s) appearing for the Case

Stephen M. Corban, Tupelo, MS, for plaintiff.

Ottis B. Crocker, Jr., Bruce, MS, Terry T. James, Calhoun City, MS, Stephen P. Livingston, New Albany, MS, for defendants.

Robin R. De Leo, Mandeville, LA, for creditor.


OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration before the court is a motion for summary judgment filed by the Peoples Bank and Trust Company ("Peoples Bank"); response thereto having been filed by David Magness, Jr., ("debtor"); a separate response having been jointly filed by the debtor's parents, Barbara Magness and David Magness, Sr.; and the court, having considered same, hereby finds as follows, to-wit:

I.

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