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IN RE JOHN S. GARCHINSKY, INC.

Bankruptcy No. 78-1238EG.

22 B.R. 303 (1982)

In re JOHN S. GARCHINSKY, INC., Bankrupt. Eugene C. DiCERBO as Substitute Trustee of the Estate of John S. Garchinsky, Inc., Plaintiff, v. STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION and American Insurance Company, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

August 3, 1982.

Attorney(s) appearing for the Case

James T. Owens, Owens, D'Ambrosio & Nescio, West Chester, Pa., for plaintiff, Eugene C. DiCerbo as Substitute Trustee of the Estate of John S. Garchinsky.

Donald M. Collins, Paul J. Donnelly, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for defendants, State of New Jersey and American Ins. Co.

Leon S. Forman, Wexler, Weisman, Forman & Shapiro, Philadelphia, Pa., for debtor, John S. Garchinsky, Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether we have jurisdiction under the Bankruptcy Act to determine the bankrupt's complaint against its surety and the State of New Jersey for a turnover of certain checks or funds which were allegedly due the bankrupt as of the date it filed its petition in bankruptcy. We conclude that we do not have jurisdiction over the instant complaint (1) because the property in question was not in...

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