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MATTER OF DUTTON

Adv. No. 80-0820.

15 B.R. 318 (1981)

In the Matter of Donald E. DUTTON and Darlene A. Dutton, Debtors. Donald E. DUTTON, Plaintiff, v. FORT MONMOUTH FEDERAL CREDIT UNION, and Marvin Mostwill, Trustee, Defendants.

United States Bankruptcy Court, D. New Jersey.

April 3, 1981.

Attorney(s) appearing for the Case

D. Gayle Loftis, Nutley, N.J., for debtor-plaintiff.

Vernon, Whitmore & McGuire by Lillian E. Harris, Shrewsbury, N.J., for defendant Fort Monmouth Federal Credit Union.

Marvin Mostwill, West Caldwell, N.J., trustee.

OPINION

VINCENT J. COMMISA, Bankruptcy Judge.

On October 21, 1980 the plaintiff herein filed a petition under Chapter 7 of the Bankruptcy Code. Thereafter, on December 19, 1980 the debtor-plaintiff filed a complaint alleging that the Fort Monmouth Federal Credit Union (Credit Union) converted to its own use, without the permission of the plaintiff, monies of the debtor at a time when the debtor was insolvent. The...

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