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IN RE BENNY

Bankruptcy No. 3-82-00973-LK.

29 B.R. 754 (1983)

In re George I. BENNY and Alexandra Benny, husband and wife, Debtors.

United States District Court, N.D. California.

April 14, 1983.

Attorney(s) appearing for the Case

Richard M. Grant, Krause, Timan, Baskin, Shell & Grant, Larkspur, Cal., Kevin F. Bernie, San Francisco, Cal., for debtors George & Alexandra Benny.

Vernon D. Stokes, Stokes & Welch, San Francisco, Cal., for trustee John England.

PECKHAM, Chief Judge.

I. BACKGROUND

George I. Benny is currently under indictment on charges of mail fraud, in violation of 18 U.S.C. § 1341, and racketeering, in violation of 18 U.S.C. § 1962(c). Mr. Benny's estate is presently subject to a Chapter 7 proceeding in bankruptcy court. The criminal action was proceeding to trial on April 14 when, in early March, Mr. Benny discovered that the trustee in bankruptcy, Mr. John England, had caused Mr. Benny...

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