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MATTER OF DeLANCEY

Bankruptcy No. 85 B 20100.

94 B.R. 311 (1988)

In the Matter of Joseph L. DeLANCEY, Debtor.

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

December 20, 1988.

Attorney(s) appearing for the Case

Barr and Faerber, Spring Valley, N.Y., for trustee.

Cusack & Stiles, New York City, for USF & G.

DECISION ON MOTION TO RECLASSIFY CLAIM OF UNITED STATES FIDELITY & GUARANTEE COMPANY

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy in this Chapter 7 case seeks to stand in the shoes of an avoided unperfected senior attachment lienor, and to obtain priority pursuant to 11 U.S.C. § 551 over a subsequently perfected junior secured claim held by United States Fidelity and Guarantee Company (USF & G). Based upon the funds available...

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