IN RE SHELTON

Bankruptcy No. 99-11452(1)(7), Adversary No. 01-1003.

331 B.R. 700 (2005)

In re Frankie SHELTON, Debtor. Jerry A. Burns, Trustee, Plaintiff, v. Frankie Dewayne Shelton and Virgil Frank Shelton Peoples Bank and Trust Co. Firstar Bank, N.A. Commonwealth of Kentucky, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

October 20, 2005.


Attorney(s) appearing for the Case

Jerry A. Burns, Bowling Green, KY, pro se.

Joseph J. Golden, Office of the U.S. Trustee, Louisville, KY, U.S. Trustee.

T. Richard Alexander, II, Glasgow, KY, Mark H. Flener, Bowling Green, KY, Merritt S. Deitz, Jr., Henderson, KY, for defendants.


MEMORANDUM-OPINION

JOAN L. COOPER, Bankruptcy Judge.

This matter was remanded to this Court by the United States District Court on instruction from the United States Court of Appeals for the Sixth Circuit so the parties could "(1) present evidence on the question whether the subject transactions resulted in a diminution of the bankruptcy estate; (2) to make findings of fact on this issue; and (3) to reconsider the applicability of the earmarking doctrine...

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