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IN RE SCHWEITZER

Bankruptcy No. 3-80-02828.

17 B.R. 39 (1981)

In re Carol Ann SCHWEITZER, Debtor.

United States Bankruptcy Court, W.D. Kentucky.

August 10, 1981.

Attorney(s) appearing for the Case

Alan L. Schmitt, Louisville, Ky., for debtor.

Mapother & Mapother, Louisville, Ky., for creditor.

MEMORANDUM AND ORDER

STEWART E. BLAND, Bankruptcy Judge.

This bankruptcy case comes before the Court on motion of debtor to compel the return of property involuntarily transferred by way of garnishment. A creditor, Fidelity Financial Services (Fidelity), by counsel, objects to the motion asserting that the action is pursuant to 11 U.S.C. § 522, and is in nature an adversary proceeding necessitating the filing of a complaint by the debtor.

The...

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