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IN RE GOFORTH

Bankruptcy No. 3-80-01588, Adv. Proc. No. 3-81-0918.

24 B.R. 100 (1982)

In re Charles D. GOFORTH, Sr., a/k/a Charles Delaney Goforth, Sr., a/k/a Charles D. Goforth, Sr., d/b/a Fink's Potato Service, a/k/a Charles D. Goforth, d/b/a Fink's Potato Service and Bonnie Inez Cradic Goforth, a/k/a Bonnie Inez Goforth, a/k/a Bonnie I. Goforth, Debtors. TRI-CITY BANK AND TRUST COMPANY, Plaintiff, v. Charles D. GOFORTH, Sr., Bonnie Inez Goforth, and Ward Huddleston, Trustee, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

October 12, 1982.

Attorney(s) appearing for the Case

Hal A. Masengill, Blountville, Tenn., for plaintiff.

Timothy R. Wilkerson, Kingsport, Tenn., for defendants Charles D. Goforth, Sr., and Bonnie Inez Goforth.

Ward Huddleston, Kingsport, Tenn., for the trustee.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This action concerns the entitlement to proceeds from the settlement of a lawsuit commenced by the defendant debtors, prior to the filing of their chapter 7 bankruptcy petition, to recover damages to real and personal property formerly owned by them and mortgaged to the plaintiff. It is the plaintiff's theory that it is entitled to the net proceeds of the settlement because...

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