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IN RE VERMONT TOY WORKS, INC.

Bankruptcy No. 85-252, Adv. P. No. 86-0007.

82 B.R. 258 (1987)

In re VERMONT TOY WORKS, INC., Debtor. CHITTENDEN TRUST COMPANY, Plaintiff, v. SEBERT LUMBER, CO., INC., Defendant, J.C. Palmisano, Esq., Trustee and Intervening Defendant.

United States Bankruptcy Court, D. Vermont.

December 23, 1987.

Attorney(s) appearing for the Case

J.B. Anderson, Ryan Smith & Carbine, Ltd., Rutland, Vt., and M.H. Scribner, Burlington, Vt., for Chittenden Trust Co. (Chittenden).

J.R. Canney, III, and B.P. Dempsey, Carroll, George & Pratt, Rutland, Vt., for Sebert Lumber, Co., Inc. (Sebert).

P. Gabel, Goldstein, Manello, Burak & Gable, Burlington, Vt., for Vermont Wood Industries, Inc. (Vermont Wood).

J.C. Palmisano, Barre, Vt., for the Trustee (Trustee).

MEMORANDUM DECISION1 DENYING DECLARATORY RELIEF AND RELIEF FROM STAY, AND DIRECTING MARSHALING OF ASSETS

FRANCIS G. CONRAD, Bankruptcy Judge.

This proceeding began with Chittenden's complaint for a declaratory judgment. Chittenden requests that we determine the collateral it repossessed from Vermont Toy Works, Inc. prepetition is not property of the Debtor's estate. In the alternative, Chittenden moves...

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