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MATTER OF DeLANCEY

Bankruptcy No. 85 B 20100, 85 ADV. 6070.

77 B.R. 424 (1987)

In the Matter of Joseph L. DeLANCEY, Debtor. Harvey S. BARR as Trustee in Bankruptcy of Joseph L. DeLancey, Plaintiff, v. JUNIATA VALLEY BANK, Allied Roofers Supply Corp., John F. Keer, Florence S. Keer, Eberts Bonsall and Kenneth E. Bonsall d/b/a O. Bonsall & Sons, Marla DeLancey, Joseph Nazario t/a Nazario Development Company, Nazario Brothers Corporation, United States Fidelity & Guarantee Company and Commercial Roofing Co., Inc., Defendants.

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

September 3, 1987.

Attorney(s) appearing for the Case

Lambert & Weiss, New York City, for Allied Roofers Supply Corp.

Daniel Stern, New Bloomfield, Pa., for John F. Kerr, Florence S. Kerr, Eberts Bonsall and Kenneth E. Bonsall.

Walz & Walz, Newport, Pa., for Juniata Valley Bank.

Barr and Faerber, Spring Valley, N.Y., for Joseph DeLancey.

Coffey, McBride & Olsen, Melville, N.Y. (Craig R. Olsen, of counsel), for Joseph Nazario t/a Nazario Development Co., Nazario Bros. Corp.

DECISION ON MOTION FOR SUMMARY JUDGMENT DIRECTING TURNOVER OF ESCROW FUND

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee of the Chapter 7 debtor, Joseph L. DeLancey, has moved for an order granting summary judgment with respect to his adversary action for the turnover of a fund of approximately $46,000 held in escrow by the Juniata Valley Bank (the "Bank") pursuant to state court proceedings in the Commonwealth of Pennsylvania. The key issue is whether...

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