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IN RE TAMPA CHAIN CO., INC.

Bankruptcy No. 83 B 11083.

53 B.R. 772 (1985)

In re TAMPA CHAIN COMPANY, INC., Debtor, FUNDEX CAPITAL CORPORATION, Movant, v. Barbara BALABER-STRAUSS, as Trustee for Tampa Chain Company, Inc., Respondent, Barbara BALABER-STRAUSS, as Trustee for Tampa Chain Company, Inc., Third-Party Plaintiff, v. Wolf REICHARD and Rachel Reichard, Third-Party Defendants.

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

October 9, 1985.

Attorney(s) appearing for the Case

Chester B. Salomon, P.C., by Alec Ostrow, New York City, for Fundex Capital Corp.

Kaye, Scholer, Fierman, Hays & Handler by Arthur Steinberg, New York City, for trustee.

Ballon, Stoll & Itzler by Philip Rogers, New York City, for Wolf and Rachel Reichard.

DECISION

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

The Fundex Capital Corporation ("Fundex") seeks an order pursuant to § 725 of the Bankruptcy Code (the "Code") directing the trustee of Tampa Chain Company, Inc. ("Tampa Chain") to turn over to Fundex a portion of certain inventory proceeds in an amount sufficient to satisfy Fundex's secured claim, including attorney's fees, costs, and charges allowed under § 506(b). The trustee, in response,...

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