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IN RE MARCOLY

Bankruptcy No. 82-4035, Adv. No. 82-2786.

32 B.R. 423 (1983)

In re Joseph G. MARCOLY and Carol A. Marcoly, i/a/d/b/a House of Furniture, Debtors. STAR FURNITURE WAREHOUSE, INC., Plaintiff, v. Joseph G. MARCOLY and Carol A. Marcoly, i/a/d/b/a House of Furniture, and Ralph Saldamarco, Trustee, Defendants and Third Party Plaintiff, v. NATIONAL BANK OF the COMMONWEALTH, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

June 20, 1983.

Attorney(s) appearing for the Case

Peter N. Furness, Pittsburgh, Pa., for debtors.

Robert Clofine, Pittsburgh, Pa., for Star Furniture.

David R. Tomb, Jr., Indiana, Pa., for Nat'l Bank of the Cmnwlth.

Ralph Saldamarco, Pittsburgh, Pa., trustee.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

This matter arises on a Petition for Reclamation filed by Star Furniture Warehouse, Inc. ("Star").

The facts are not in dispute. The Debtors were experiencing financial problems and desired to conduct a "going out of business sale". With the knowledge of their secured creditor, National Bank of the Commonwealth ("Bank"), the Debtors on or about September, 1982 entered into a consignment agreement...

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