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IN RE KAUFMAN

Bankruptcy No. 84 B 20445, Adv. No. 86 Adv. 6078.

68 B.R. 391 (1986)

In re Michael J. KAUFMAN, Debtor. Michael J. KAUFMAN, Plaintiff, v. Barbara BALABER-STRAUSS, as Trustee in Bankruptcy of Michael J. Kaufman, Defendant.

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

December 29, 1986.

Attorney(s) appearing for the Case

Kera & Graubard, New York City, for Michael J. Kaufman; M. David Graubard, of counsel.

Barbara Balaber-Strauss, New York City, Trustee.

DECISION ON COMPLAINT FOR IMMEDIATE PAYMENT OF A CLAIMED HOMESTEAD EXEMPTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This adversary proceeding was brought to declare the debtor's right to a homestead exemption and to compel the trustee in this Chapter 7 case to pay over to him that portion of the proceeds of the sale of a house to which a homestead exemption applies. The trustee opposes the debtor's contention that a trustee may be compelled to distribute...

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