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IN RE GRAY

Bankruptcy No. 80 B 20352, Adv. No. 82 ADV 6081.

28 B.R. 348 (1983)

In re S. Simpson GRAY, t/a National Law Clinic of Philadelphia and d/b/a Law Clinic of S. Simpson Gray, Debtor. TRI CONTINENTAL LEASING CORPORATION, Plaintiff, v. S. Simpson GRAY t/a National Law Clinic of Philadelphia and d/b/a Law Clinic of S. Simpson Gray, Defendant.

United States Bankruptcy Court, S.D. New York.

March 23, 1983.

Attorney(s) appearing for the Case

Jeffrey L. Sapir, Yonkers, N.Y., Trustee.

S. Simpson Gray, Mount Vernon, N.Y., for debtor.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This Chapter 13 debtor seeks to have the sum of $1146.16 refunded to him by the standing Chapter 13 trustee on the ground that this sum was intended for payment to a secured creditor who did not file a proof of claim in this case. Therefore, the debtor reasons that the funds should be returned to him rather than distributed to unsecured creditors. However, the standing Chapter 13 trustee maintains that the funds should be allocated...

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