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IN RE DONATO

Bankruptcy No. 81-01407-N, Adv. No. 81-0693-N.

17 B.R. 708 (1982)

In re Anthony J. DONATO, Evelyn B. Donato, Debtors. Anthony J. DONATO, Evelyn B. Donato, Plaintiffs, v. DOMINION NATIONAL BANK OF TIDEWATER, Defendant.

United States Bankruptcy Court, E.D. Virginia, Norfolk Division.

February 17, 1982.

Attorney(s) appearing for the Case

John T. Midgett, Wilkins & Midgett, Norfolk, Va., for plaintiffs.

Anthony M. Thiel, Eley, Rutherford & Leafe, Norfolk, Va., for defendant.

OPINION AND ORDER

HAL J. BONNEY, Jr., Bankruptcy Judge.

The issue prevailing has not previously come before the Court as a result of Bankruptcy Reform Act of 1978 [the Code]. The debtors seek the turnover of funds held by Dominion National Bank of Tidewater pursuant to rights, it says, under the "setoff" provisions of 11 U.S.C. 553.

The Facts

The debtors signed a promissory note on October 20, 1979, with the Dominion National Bank of Tidewater...

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