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IN RE D. JAY HYMAN CONST. CO.

Bankruptcy No. 81-10445, Adv. Nos. 81-0338, 81-0353.

15 B.R. 765 (1981)

In re D. JAY HYMAN CONSTRUCTION CO., Debtor. Gregory M. WILSON, Trustee, Plaintiff, v. CHICAGO TITLE INSURANCE CO., Defendant. WINDSON DEVELOPMENT CORP., Plaintiff, v. Gregory M. WILSON, Trustee D. Jay Hyman Construction Co., Chicago Title Insurance Co., Defendants.

United States Bankruptcy Court, D. Maryland.

November 30, 1981.

Attorney(s) appearing for the Case

Gregory M. Wilson, Laurel, Md., Trustee.

Frank Emig, Beltsville, Md., for Windson Dev. Corp.

John R. Dugan, Rockville, Md., for Chicago Title Ins. Co.

Roger Frankel, Bethesda, Md., for the Debtor (Hyman).

Paul A. Burns, Chicago, Ill., for Chicago Title.

MEMORANDUM OPINION

HENRY D. EVANS, Bankruptcy Judge.

This case came on for hearing on the Complaint to Modify Stay and for Leave to Pay Over Escrow Funds and the Trustee's Answer thereto. Although the request for relief appears as a Complaint to Modify Stay, the issue is actually whether the Debtor has any interest in the funds in question. If the Debtor has an interest that was transferred to the Trustee, or if the Trustee has an assertable interest, then...

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