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IN RE FERGUSON

Adv. No. 85-0095.

59 B.R. 60 (1986)

In re Robert L. FERGUSON, Laura Ann Ferguson, Debtor. Tom McGREGOR, Trustee, Plaintiff, v. AMSOUTH BANK, N.A. and Wilbur Spigener, Defendants.

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

February 21, 1986.

Attorney(s) appearing for the Case

Tom McGregor, Webb, Crumpton, McGregor, Schmaeling & Wilson, Montgomery, Ala., trustee.

Barry E. Teague, Montgomery, Ala., for trustee.

Marcel E. Carroll, Montgomery, Ala., for Spigener.

Karl Benkwith, Jr., Jones, Murray, Stewart & Yarbrough, P.C., Montgomery, Ala., for AmSouth.

OPINION ON COMPLAINT TO SELL REAL ESTATE

A. POPE GORDON, Bankruptcy Judge.

The trustee in this case filed a complaint seeking to sell real estate free and clear of liens. Additionally, the trustee sought turn over of funds held in a checking account. Defendants Wilbur Spigener and AmSouth Bank, N.A., filed answers. The issue as to the checking account funds was settled among all parties. Further, defendant Spigener...

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