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IN RE BENGAL TRADING CORP.

Bankruptcy No. 80-01471-BKC-JAG, Adv. No. 81-0122-BKC-JAG-A.

14 B.R. 244 (1981)

In re BENGAL TRADING CORPORATION, Debtor. PRIME FINANCIAL SALES, Plaintiff, v. Herbert FREEHLING, Trustee of Bengal Trading Corporation, Defendant.

United States Bankruptcy Court, S.D. Florida.

October 5, 1981.

Attorney(s) appearing for the Case

Carl Schmitt, Frank, Strelkow & Gay, North Bay Village, Fla., for plaintiff.

Paul G. Hyman, Jr., Britton, Cohen, Kaufman, Benson & Schantz, Miami, Fla., for trustee.

Herbert S. Freehling, Fort Lauderdale, Fla., Trustee.

Gerald Beyer, Beyer, Lerner & Puder-Harris, Fort Lauderdale, Fla., for debtor.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This case was tried on the Amended Adversary Complaint of Prime Financial Sales (Prime) (C.P. No. 28A) in which the plaintiff sought the return of $70,500 from the trustee.

The debtor, Bengal Trading Corporation (Bengal), was a commodities futures commission merchant. Bengal created a product known as a Futures Long Term Advisory Program (FLT) by which a customer could pay one advisory...

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