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IN RE MILLER

No. 12-33942.

487 B.R. 875 (2012)

In re Gerald L. MILLER, Debtor.

United States Bankruptcy Court, E.D. Tennessee.

December 7, 2012.

Attorney(s) appearing for the Case

Samples, Jennings, Ray & Clem, PLLC, Thomas E. Ray, Esq. , Chattanooga, TN, for the Debtor.

Gentry, Tipton & McLemore, P.C., Maurice K. Guinn, Esq. , Knoxville, TN, Tyler C. Huskey, Esq. , Pigeon Forge, TN, for Tennessee State Bank, Householder Family Trust, Charles A. and Melanie McGuinnis, Petitioning Creditors.

Samuel K. Crocker, Esq. , United States Trustee, Patricia C. Foster, Esq. , Howard H. Baker, Jr. , Knoxville, TN, for United States Trustee.

MEMORANDUM ON MOTION FOR SUMMARY JUDGMENT THAT TENNESSEE STATE BANK IS NOT QUALIFIED AS A PETITIONING CREDITOR

RICHARD STAIR, JR., Bankruptcy Judge.

This contested matter is before the court upon the Motion for Summary Judgment That Tennessee State Bank Is Not Qualified As A Petitioning Creditor (Motion for Summary Judgment) filed on November 9, 2012, by the Debtor, Gerald L. Miller, asking the court to enter an order

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