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MATTER OF FREDERICK

Bankruptcy No. 85-6307, Adv. No. 85-0657.

58 B.R. 56 (1986)

In the Matter of David Truett FREDERICK and Janice Breaseale Frederick, Debtors. David Truett FREDERICK and Janice Breaseale Frederick, Plaintiffs, v. AMERICA'S FIRST CREDIT UNION, Defendant.

United States Bankruptcy Court, N.D. Alabama, S.D.

February 13, 1986.

Attorney(s) appearing for the Case

John C. Calhoun, Jr., Birmingham, Ala., for debtors/plaintiffs.

Del Howell, Birmingham, Ala., for America's First Credit Union-defendant.

James G. Henderson, Birmingham, Ala., interim trustee for the Bankruptcy Estate of David Truett Frederick and Janice Breaseale Frederick.

OPINION

CLIFFORD FULFORD, Bankruptcy Judge.

This cause is before the Court on the Debtors' complaint and subsequent motion for summary judgment contesting the Defendant's setoff of the Debtors' credit union deposit. Jurisdiction lies pursuant to 28 U.S.C. § 1334. This matter is a core proceeding. 28 U.S.C. § 157(b)(2)(E).

The facts are uncontested but incomplete. On October 2, 1985, the Debtors had $207.00 on deposit with the Defendant...

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