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IN RE FRANKLIN SAV. CORP.

Bankruptcy No. 91-41518-11. Adv. No. 92-7053. Civ.A. No. 93-2388-GTV.

182 B.R. 859 (1995)

In re FRANKLIN SAVINGS CORPORATION, Debtor. RESOLUTION TRUST CORPORATION, as Receiver for Franklin Savings Association, Appellant, v. FRANKLIN SAVINGS CORPORATION, Appellee.

United States District Court, D. Kansas.

May 3, 1995.

Attorney(s) appearing for the Case

R. Pete Smith, McDowell, Rice & Smith, P.C., Kansas City, MO, for debtor Franklin Sav. Corp.

Cynthia C. Dunham, Steven M. Leigh, Martin, Leigh & Laws, Erlene Krigel, Krigel & Krigel, P.C., Kansas City, MO, for appellant Resolution Trust Corp., Conservator for Franklin Sav. Ass'n.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This case comes before the court on an appeal by the Resolution Trust Corporation (RTC) from an order of the bankruptcy court denying the RTC's proof of claim for income tax refunds and ruling that the refunds are property of the bankruptcy estate by operation of 11 U.S.C. § 541. RTC contends that the debtor holds the tax refunds in trust for the RTC and that it is the actual owner of the refunds...

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