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IN RE SHERMAN

No. 1088, Docket 79-5066.

627 F.2d 594 (1980)

In re Robert L. SHERMAN et al., Bankrupt. Michael A. WINEBURG, Trustee in Bankruptcy, Plaintiff-Appellee, v. KNIGHTS OF COLUMBUS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 3, 1980.

Attorney(s) appearing for the Case

Leo J. Fallon, Buffalo, N.Y. (Offermann, Fallon, Mahoney & Cassano, Buffalo, N.Y., on the brief), for defendant-appellant.

George C. Cooley, Auburn, N.Y. (Michaels, Michaels, Wineburg, Scollan & Weinstein, Auburn, N.Y., on the brief), for plaintiff-appellee.

Before LUMBARD, VAN GRAAFEI-LAND and KEARSE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On March 1, 1974, Robert Sherman became a general agent selling life insurance on commission for appellant, Knights of Columbus. The agency contract was terminated in June 1976, and in March 1977 Sherman filed a petition in bankruptcy. In his bankruptcy schedules, he listed a $22,494.40 indebtedness to appellant for advances made against commissions. The question on this appeal is whether, Sherman's bankruptcy notwithstanding, appellant...

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