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IN RE HOLYWELL CORP.

Bankruptcy No. 84-01590-BKC-TCB, Adv. No. 85-0160-BKC-TCB.

49 B.R. 694 (1985)

In re HOLYWELL CORP., Debtor(s). The BANK OF NEW YORK, Plaintiff, v. Theodore GOULD, et al., Defendant.

United States Bankruptcy Court, S.D. Florida.

March 20, 1985.

Attorney(s) appearing for the Case

Barry Davidson, Miami, Fla., for plaintiff.

Fred H. Kent, Jr., Jacksonville, Fla., for defendants.

S. Harvey Ziegler, Miami Beach, Fla., Thomas F. Noone, New York City, for Bank of New York.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The debtors' largest secured creditor seeks a determination of the amount, validity and priority of its lien. The matter was heard on March 14.

The plaintiff's lien is disputed by the debtors through two counts which assert breaches of contract, one count which alleges fraud, another count which alleges criminal usury, and a fifth count which asserts a civil RICO claim.

Shortly after...

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