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IN RE FIRST CAPITAL MORTG. LOAN CORP.

Bankruptcy No. 80C-02006, Civ. No. 84PC-0129.

60 B.R. 915 (1986)

In re FIRST CAPITAL MORTGAGE LOAN CORPORATION, a Utah corporation, Debtor. RESEARCH-PLANNING, INC., a Utah corporation, Plaintiff, v. Roger G. SEGAL, Trustee of the estate of the above-named debtor, Defendant.

United States Bankruptcy Court, D. Utah.

May 5, 1986.

Attorney(s) appearing for the Case

Roger G. Segal, Cohne, Rappaport & Segal, Salt Lake City, Utah, pro se as trustee.

Claron C. Spencer, Beesley, Spencer & Fairclough, Salt Lake City, Utah, for plaintiff, Research-Planning, Inc.

MEMORANDUM OPINION

GLEN E. CLARK, Bankruptcy Judge.

FACTS AND PROCEDURAL BACKGROUND

This matter came before the Court for trial on September 7, 1984, on the verified complaint of Research-Planning, Inc., a Utah corporation ("Research-Planning"). The plaintiff claims that funds recovered by the trustee in the exercise of his preference avoidance powers are subject to a trust in its favor. The somewhat unusual facts of this case, slightly simplified...

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