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MATTER OF SMITHUYSEN

Bankruptcy No. 84-03481.

54 B.R. 661 (1985)

In the Matter of Peter G. SMITHUYSEN, Debtor.

United States Bankruptcy Court, D. New Jersey.

July 22, 1985.

Attorney(s) appearing for the Case

Clinton E. Cronin, Cronin & Heller, Brick, N.J., for debtor.

John R. Connelly, Jr., Drazin & Warshaw, Red Bank, N.J., for plaintiff.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

John Chimenti is the administrator of the estate of Carl Chimenti, victim of a fatal beating which occurred in February, 1984. The assailant, Peter Smithuysen, plead guilty and served time for manslaughter. An action was brought by John Chimenti (Chimenti) against Smithuysen in state court for wrongful death and survivorship. Smithuysen, the debtor herein, subsequently filed a petition in bankruptcy on June 22...

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