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IN RE FRANKLIN

Bankruptcy No. 00-11805. Adversary No. 00-5222.

254 B.R. 718 (2000)

In re Miles Kearny FRANKLIN & Heather D. Franklin, Debtors. Miles Kearny Franklin & Heather D. Franklin, Plaintiffs, v. Kwik Cash of Martin, Defendant.

United States Bankruptcy Court, W.D. Tennessee, Eastern Division.

November 1, 2000.

Attorney(s) appearing for the Case

Gerald Ketchum, Dyersburg, TN, for Debtors.

Bradley Sigler, Jackson, TN, for Kwik Cash of Martin.

Ted Hunderup, Jackson TN, for Chapter 13 Trustee.

Tim Ivey, Jackson, TN, Chapter 13 Trustee.

MEMORANDUM OPINION AND ORDER RE COMPLAINT FOR TURNOVER OF MONEY FROM A CHECK LOAN FROM KWIK CASH OF MARTIN

G. HARVEY BOSWELL, Bankruptcy Judge.

In this case, the debtor used a deferred presentment service provider to obtain a cash advance in exchange for a personal check. At issue in the case is (1) whether or not the post-petition cashing of the check by the deferred presentment service provider falls within § 362(b)(11)'s exception to the...

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