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IN RE SPEARS

Bankruptcy No. 1-82-01823, Adv. No. 1-82-0977.

39 B.R. 91 (1984)

In re William Richard SPEARS, Barbara Jane Spears, Debtors. Scott N. BROWN, Jr., Trustee, Plaintiff, v. TRADERS NATIONAL BANK, Warren County Bank, Defendants. CENTERRE BANK, N.A., Defendant and Counter-Plaintiff, v. William Richard SPEARS, Barbara Jane Spears, Eddie Spears, Jeff Spears, Traders National Bank, Warren County Bank, Scott N. Brown, Jr., Trustee, and Hubbard Milling Company, Counter-Defendants, Cross-Defendants and Third-Party Defendants.

United States Bankruptcy Court, E.D. Tennessee.

April 13, 1984.

Attorney(s) appearing for the Case

Robert S. Peters, Swafford, Peters, & O'Neal, Winchester, Tenn., for William Richard Spears and Barbara Jane Spears.

Scott N. Brown, Jr., Brown & Dobson, Chattanooga, Tenn., for trustee.

Thomas H. Copeland, Copeland, Conley, & Hazard, Tullahoma, Tenn., for Traders National Bank.

Keith S. Smartt, McMinnville, Tenn., for Warren County Bank.

James Frank Van Cleave, III, Ray & Van Cleave, Tullahoma, Tenn., for Centerre Bank, N.A.

Mary F. Bristow, Forrester & Richardson, Tullahoma, Tenn., for Jeff Spears and Eddie Spears.

Frank C. Lynch, Lynch, Lynch, & Lynch, Winchester, Tenn., for Hubbard Milling Company.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This is a dispute over a herd of hogs and 448 acres of land. The court will deal first with the claims to the hog herd since all the parties assert claims to the hogs.

Part I

The debtors, Dick and Barbara Spears, had been engaged in large scale farming for several years before they filed their petition under chapter 11 of the Bankruptcy Code. That was in September, 1982. At the time a large...

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