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IN RE PELHAM FENCE CO., INC.

Bankruptcy No. 85 B 20295.

65 B.R. 924 (1986)

In re PELHAM FENCE CO., INC., Debtor.

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

October 10, 1986.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. for State of N.Y., New York City, for Lillian Roberts, Com'r of Labor for State of N.Y.; Adeline Liu, Asst. Atty. Gen., of counsel.

Erwin R. Goldman, New York City, for trustee.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Lilliam Roberts, Commissioner of Labor of the State of New York ("Commissioner"), has moved for a declaratory judgment that she is not barred by the automatic stay imposed under 11 U.S.C. § 362(a) from commencing an action against the New York State Department of Audit and Control ("DAC") to recover a portion of a fund withheld from the debtor by DAC because such fund is not property of this estate within the meaning of...

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