Phillips v. Smith (In Re Ayscue)

MEMORANDUM OPINION

DOUGLAS 0. TICE, Jr., Bankruptcy Judge.

This case deals with a complaint brought by the trustee, Keith L. Phillips, seeking turnover of certain shares of stock held by the defendant, Thelma C. Smith. It comes before the court on motion for summary judgment and order approving replacement lien. After considering argument by counsel in the memoranda filed and at a hearing on September 12, 1990, this court partially grants and partially denies the trustee’s motion.

The facts of this case are essentially undisputed. It appears that the defendant is in possession of shares of stock…