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IN RE DAVIS

Bankruptcy No. 05-9919-8-JRL. Adversary No. L-06-00012-8-AP.

371 B.R. 127 (2007)

In re Russell W. DAVIS, JR. and Teresa L. Davis, Debtors. Memo Money Order Company, Plaintiff, v. Russell W. Davis, Jr., Teresa L. Davis, and Joseph N. Callaway, as Bankruptcy Trustee for Davis' IGA, Inc., Defendants.

United States Bankruptcy Court, E.D. North Carolina, Wilson Division.

May 23, 2007.

Attorney(s) appearing for the Case

Aaron N. Bailey, Jeff D. Rogers, Smith Debnam Narron Wyche Saintsing, Raleigh, NC, for Plaintiff.

Mark M. Maland, Hornthal, Riley, Ellis & Maland, UP, Elizabeth City, NC, A. Scott McKellar, Battle, Winslow, Scott & Wiley, PA, Rocky Mount, NC, for Defendants.

ORDER

J. RICH LEONARD, Bankruptcy Judge.

The matters before the court are the motions for summary judgment filed by MEMO Money Order Company ("MEMO"), Russell and Teresa Davis, and Joseph Callaway, as the Chapter 7 trustee of the estate of Davis' IGA, Inc. ("Davis IGA"). On April 16, 2007, the court conducted a hearing on these matters in Raleigh, North Carolina.

UNDISPUTED FACTS

1. MEMO is a Pennsylvania corporation authorized...

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