MATTER OF TROY INDUS. CATERING SERVICE

Bankruptcy No. 9-04043-B.

2 B.R. 521 (1980)

In the matter of TROY INDUSTRIAL CATERING SERVICE f/k/a Pat's Catering Service, Inc., a Michigan Corporation, Debtor. TROY INDUSTRIAL CATERING SERVICE, f/k/a Pat's Catering Service, Inc., a Michigan Corporation, Plaintiff, v. STATE OF MICHIGAN, DEPARTMENT OF TREASURY, REVENUE DIVISION, Defendant.

United States Bankruptcy Court, E.D. Michigan.

January 18, 1980.


Attorney(s) appearing for the Case

Hyman, Gurwin, Nachman, Friedman & Winkelman by Stanley M. Weingarden, Southfield, Mich., for plaintiff.

Frank J. Kelley, Atty. Gen., Lansing, Mich., by E. David Brockman, Asst. Atty. Gen., Detroit, Mich., for defendant.


OPINION

GEORGE BRODY, Bankruptcy Judge.

This case presents the question of the power of the bankruptcy court to compel the turnover of property seized by a creditor prior to the filing of a Chapter 11 proceeding under the Bankruptcy Reform Act of 1978.

Troy Industrial Catering Service, a Michigan corporation (hereinafter referred to as the "debtor"), is involved in the industrial catering business. On May 24, 1979, the Department of Treasury of the...

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