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IN RE CUMMINS

Bankruptcy No. 3-81-00147, Adv.No. 3-81-0139.

11 B.R. 222 (1981)

In re Earl Dean CUMMINS, Debtor. FIRST NATIONAL EXCHANGE BANK, Plaintiff, v. Earl Dean CUMMINS, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

May 7, 1981.

Attorney(s) appearing for the Case

Joe D. Pippin, Norton, Va., for plaintiff.

H.G. Peters, Bristol, Va., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This adversary proceeding relates to the dischargeability of a $5,000.00 debt arising from a deposit erroneously credited to a bank account controlled by the debtor and subsequently withdrawn by him.

I

In 1979, the debtor, Earl Dean Cummins, was the sole stockholder of Ashley Enterprises, Inc., which owned and operated the Big Stone Gap Kentucky Fried Chicken restaurant in Big Stone Gap, Wise...

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