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IN RE SARKIS

Bankruptcy No. 581-00106, Adv. No. 581-0049.

17 B.R. 174 (1982)

In re Philip Joseph SARKIS, Debtor. Philip Joseph SARKIS, dba Embers Exclusive Catering by Phil Sarkis, a sole proprietorship, and fdba The Sunset Motel, a sole proprietorship, Plaintiff, v. The AMERICAN STATE BANK OF RAPID CITY, Defendant.

United States Bankruptcy Court, D. South Dakota.

January 8, 1982.

Attorney(s) appearing for the Case

William J. Rieb, Rapid City, S.D., for plaintiff.

Robert L. Varilek, Rapid City, S.D., for defendant.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

Philip Joseph Sarkis, hereinafter Debtor, filed a complaint for turnover of property of the estate pursuant to 11 U.S.C. § 542(a). Debtor alleges The American State Bank of Rapid City, hereinafter Creditor, wrongfully set off Debtor's checking account on the eve of bankruptcy. Creditor's Answer alleges it has a promissory note upon which a judgment was entered...

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