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IN RE NAGLE

Bankruptcy No. 79-178.

17 B.R. 865 (1982)

In re William J. NAGLE III, Bankrupt. BKP ASSOCIATES, INC., Plaintiff, v. Jason MONZACK, Trustee in Bankruptcy, Defendant.

United States Bankruptcy Court, D. Rhode Island.

March 1, 1982.

Attorney(s) appearing for the Case

Z. Hershel Smith, DiSandro, Smith & Associates, Providence, R.I., for plaintiff.

Jason D. Monzack, Halpert & Scoliard, Providence, R.I., trustee.

OPINION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the Plaintiff BKP Associates, Inc.'s complaint to reclaim from the Trustee a portion of the surplus fund remaining after a foreclosure sale. BKP claims to be the equitable owner of $3,000 on the basis of a purchase and sale agreement with the Debtor. The Trustee objects to BKP's claim on three grounds: (1) that BKP was in breach of the agreement...

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