IN RE LOOF

Bankruptcy No. 84-00442G, Adv. No. 84-0107G.

41 B.R. 855 (1984)

In re A.W. LOOF, Debtor. A.W. LOOF, Plaintiff, v. The FRANKFORD TRUST COMPANY and James J. O'Connell, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

September 12, 1984.


Attorney(s) appearing for the Case

Michael Donahue, Delaware County Legal Asst., Chester, Pa. for debtor/plaintiff, A.W. Loof.

James H. Gorbey, Jr., Gorbey & Gorbey, Media, Pa. for the defendant, The Frankford Trust Co.

James J. O'Connell, Philadelphia, Pa., Trustee.


OPINION

EMIL F. GOLDHABER, Chief Bankruptcy Judge.

The issue presented to us is whether we should direct the turnover of an automobile where a secured creditor repossessed the vehicle shortly before the filing of the debtor's petition for the repayment of its debts under chapter 13 of the Bankruptcy Code ("the Code"). For the reasons expressed below we will deny the complaint for turnover.

The facts of this case are as follows:1...

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