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IN RE ASSIANTE

Bankruptcy No. 8200531, Adv. No. 820373.

28 B.R. 903 (1983)

In re Anthony Joseph ASSIANTE and Linda Diane Assiante, Debtors. Anthony Joseph ASSIANTE and Linda Diane Assiante, Plaintiffs, v. DAVISVILLE CREDIT UNION, Defendant.

United States Bankruptcy Court, D. Rhode Island.

April 7, 1983.

Attorney(s) appearing for the Case

John S. DiBona, Cranston, R.I., for plaintiffs.

Edward S. Torgen, North Kingstown, R.I., for defendant.

FINDINGS, CONCLUSIONS AND PROPOSED JUDGMENT FOR THE PLAINTIFFS

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Submitted on memoranda, on the debtors' complaint to recover funds in the possession of Davisville Credit Union. At issue is whether Davisville Credit Union may set off funds deposited directly into the debtors' checking account against debts owed to it by the Assiantes. 11 U.S.C. § 553(b).1

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