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IN RE MODAFFERI

Bankruptcy No. 83 B 20598.

45 B.R. 370 (1985)

In re Joseph P. MODAFFERI, Sr., and Maryanne Modafferi, Debtors.

United States District Court, S.D. New York.

January 9, 1985.

Attorney(s) appearing for the Case

Teitelbaum & Gamberg, P.C., New York City, for Miriam Teitelbaum, Trustee; Miriam Teitelbaum, New York City, of counsel.

Klein & Klein, P.C., Suffern, N.Y., for Peg-Leg Productions, Inc.; David M. Klein, Suffern, N.Y., of counsel.

HOWARD SCHWARTZBERG, District Judge.

This creditor, Peg-Leg Productions, Inc., desires to get a leg up on the unsecured creditors of the above-captioned debtors and asserts that it holds a perfected secured claim by virtue of the debtors' written promissory note and the subsequent filing of U.C.C.-1 forms with the appropriate offices in Rockland County and New York State. On the other hand, the trustee in bankruptcy in this Chapter 7 case argues that Peg-Leg Productions...

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