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IN RE HANKINS

Bankruptcy No. 183-01255, Adv. No. 183-0599.

53 B.R. 18 (1985)

In re Joyce Wayne HANKINS, Debtor. Jane B. FORBES, Trustee, Plaintiff, v. Joyce Wayne HANKINS, Byron H. Hankins, and Federal Land Bank, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

June 27, 1985.

Attorney(s) appearing for the Case

Bruce Peden, Columbia, Tenn., for debtor.

Jane B. Forbes, Franklin, Tenn., Trustee.

Robert H. Waldschmidt, Nashville, Tenn., for trustee.

MEMORANDUM

GEORGE C. PAINE, II, Bankruptcy Judge.

This matter is before the court on cross motions for summary judgment. The plaintiff-trustee instituted this action, seeking to sell, pursuant to 11 U.S.C. 363(a) (West 1979), four parcels of land owned by the debtor and her husband as tenants by the entirety. The defendants assert that the property is exempt pursuant to 11 U.S.C. 522(b)(2)(B) (West 1979) and that the trustee has the right to sell only the...

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