IN RE TOMLINSON

Bankruptcy No. 04-12542, Adversary No. 05-1226.

347 B.R. 639 (2006)

In re Joyce Marie TOMLINSON, Debtor. Douglas R. Johnson, Trustee, Plaintiff, v. David Larry Tomlinson, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

June 16, 2006.


Attorney(s) appearing for the Case

Jason D. Demastus, Kennedy, Koontz & Farinash, Chattanooga, TN, Jerrold D. Farinash, Chattanooga, TN, for Douglas R. Johnson, Plaintiff.

Thomas E. Ray, Samples, Jennings, Ray & Clem, Chattanooga, TN, for David Larry Tomlinson, Defendant.


MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This is an adversary proceeding by a chapter 7 trustee against the debtor's former husband for the turnover of a Cessna aircraft. The proceeding is before the court on cross motions for summary judgment. For the reasons that follow, the court is of the opinion that both motions should be denied.

I.

On May 30, 1995, the defendant purchased a Cessna C-172 aircraft from Larmont Aviation International...

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