IN RE BRUSICH & ST. PEDRO JEWELERS, INC.

Bankruptcy No. 82-04171G, Adv. No. 82-2597G.

28 B.R. 545 (1983)

In re BRUSICH & ST. PEDRO JEWELERS, INC. t/a Joseph & Joseph Jewelers, Debtor. NORTH STAR DIAMOND COMPANY, Plaintiff, v. BRUSICH & ST. PEDRO JEWELERS, INC., t/a Joseph & Joseph Jewelers, and Samuel Alper, Interim Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 24, 1983.


Attorney(s) appearing for the Case

Edward J. DiDonato, Fell & Spalding, Philadelphia, Pa., for plaintiff, North Star Diamond Co.

Paul I. Guest, King of Prussia, Pa., for debtor/defendant, Brusich & St. Pedro Jewelers, Inc. t/a Joseph & Joseph Jewelers.

Lawrence J. Tabas, Philadelphia, Pa., for defendant, Samuel Alper, interim trustee.

Samuel Alper, Philadelphia, Pa., interim trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether goods consigned to a debtor by a creditor, where said creditor expressly retains title to the goods, are property of the estate under section 541(a) of the Bankruptcy Code ("the Code"). We conclude that, under the facts of the present case, the subject transaction is expressly governed by section 2326(c) of the Pennsylvania Commercial Code ("P.C.C.") and that, therefore, the consigned...

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