IN RE CARDIAN MORTG. CORP.

Bankruptcy No. 89-00202-RT, Adv. No. 89-0857-RT.

122 B.R. 255 (1990)

In re CARDIAN MORTGAGE CORPORATION, Debtor. CITIZENS FEDERAL BANK, a Federal Savings Bank, Plaintiff, v. CARDIAN MORTGAGE CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

Supplemental Opinion September 28, 1990.


Attorney(s) appearing for the Case

H. Slayton Dabney, Jr., McGuire, Woods, Battle & Boothe, Richmond, Va., for Citizens Federal Bank.

Winthrop A. Short, Jr., Dennis T. Lewandowski, Kaufman & Canoles, Norfolk, Va., for Cardian Mortg. Corp./debtor.


MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Citizens Federal Bank ("Citizens") filed a complaint against the chapter 11 debtor Cardian Mortgage Corporation ("Cardian") seeking a turnover from Cardian in the amount of $643,759.11 plus interest, fees and costs. Both parties filed motions for summary judgment, and hearing on the motions was held on May 22, 1990. The court has considered the extensive memoranda of law and arguments of counsel...

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