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MATTER OF DARKE

Bankruptcy No. 81-00233-B, Adv. No. 81-0769.

18 B.R. 510 (1982)

In the matter of Eugene DARKE and Carolyn Darke, Debtors. R. Robert LYNN, Trustee, Plaintiff, v. Eugene DARKE and Carolyn Darke, and Colucci, McLean & Schneider, P.C., Defendants.

United States Bankruptcy Court, E.D. Michigan, S.D.

March 9, 1982.

Attorney(s) appearing for the Case

R. Robert Lynn, Ferndale, Mich., for trustee.

Colucci, McLean & Schneider, Professional Corp. by Edward A. Schneider, Detroit, Mich., for debtors/defendants.

OPINION

GEORGE BRODY, Bankruptcy Judge.

On January 16, 1981, Eugene Darke and Carolyn Darke (debtors) filed a joint petition for relief under Chapter 7. The debtors, in their schedules, claimed as exempt pursuant to section 522(d)(5) a $4,000 fund held by their attorney in an escrow account.1 The trustee instituted two actions contending that at least part of the escrow fund is recoverable...

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