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MATTER OF PIERCE

Bankruptcy No. 82-01980-8, Adv. No. M-83-0132-AP.

29 B.R. 612 (1983)

In the Matter of John A. PIERCE and wife, Artie Jennie Pierce, Debtors. John A. PIERCE and wife, Artie Jennie Pierce, Plaintiffs, v. Jake WOODARD t/a Woodard Furniture and Appliance, Shelton Jordan, Clerk of Court of Wayne County and James Sasser, Sheriff of Wayne County, Defendants.

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

April 26, 1983.

Attorney(s) appearing for the Case

Douglas P. Connor, Mount Olive, N.C., for plaintiffs-debtors.

W. Timothy Haithcock, Goldsboro, N.C., for defendant Jake Woodard.

Elaine J. Guth, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for defendant Shelton Jordan, Clerk of Court of Wayne County.

MEMORANDUM OPINION

A. THOMAS SMALL, Bankruptcy Judge.

In this adversary proceeding the Debtors seek to enjoin the Defendant Jake Woodard t/a Woodard Furniture and Appliance ("Woodard") from enforcing a security interest and to recover damages for a violation of the discharge injunction provided by 11 U.S.C. § 524(a)(2). The trial was held on April 18, 1983.

FACTS

On May 20, 1981, the Debtors...

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