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IN RE JENES

Bankruptcy No. 81-00760-BKC-JAG-A, Adv. No. 81-0674-BKC-JAG-A.

18 B.R. 498 (1982)

In re Louis JENES and Catherine Jenes, a/k/a Catherine Macheras and Catherine Patricia Brown, Debtors. PAYSAVER CREDIT UNION, Plaintiff, v. Louis JENES and Catherine Jenes, a/k/a Catherine Macheras and Catherine Patricia Brown, and Jeanette A. Tavormina, as Trustee, for Louis Jenes and Catherine Jenes, a/k/a Catherine Macheras and Catherine Patricia Brown, Defendants.

United States Bankruptcy Court, S.D. Florida.

March 2, 1982.

Attorney(s) appearing for the Case

Barbara L. Phillips, Phillips & Phillips, P.A., Miami, Fla., for Trustee.

Jeanette E. Tavormina, Trustee.

Nelan Sweet, Miami Beach, Fla., for debtors.

Abraham A. Galbut, Galbut, Galbut & Menin, Miami Beach, Fla., for plaintiff.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This matter was tried on the complaint to recover property of Paysaver Credit Union against the debtor and the trustee. Paysaver seeks to recover a 1980 Cadillac which the debtor, Louis Jenes, owns and on which Paysaver claims to have a lien. Both the credit union and the debtor were "had" by a third party who received the benefit of the transactions leading up to this litigation, and whose whereabouts...

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