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IN RE ROBERTSON

Bankruptcy No. 86 B 9589, Adv. No. 88 A 579.

115 B.R. 613 (1990)

In re A. John ROBERTSON, Jr., Debtor. John H. REDFIELD, not individually, but as Trustee in bankruptcy of A. John Robertson, Jr., Plaintiff, v. PEAT, MARWICK, MITCHELL AND COMPANY, A. John Robertson, Jr., and State Street Bank & Trust Co., as Trustee of Peat Marwick 401(k) Plan for Partners, Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

June 19, 1990.

Attorney(s) appearing for the Case

Chad H. Gettleman, Gail Tuler Friedman, Adelman & Gettleman, Ltd., Chicago, Ill., for defendant Robertson.

Thomas P. Arden, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, Ill., Alan C. Kohn, Mark J. Bremer, Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Louis, Mo., Leonard P. Novello, Anthony J. Costantini, Office of Gen. Counsel, New York City, for defendants Peat, Marwick and State Street Bank.

John H. Redfield, Chicago, Ill., trustee.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JACK B. SCHMETTERER, Bankruptcy Judge.

The plaintiff, John H. Redfield, trustee in the bankruptcy of A. John Robertson, Jr., brought this action against Peat, Marwick, Mitchell and Company under 11 U.S.C. § 542 to recover $93,279.01 transferred to Robertson from his account balance in a qualified retirement plan.1 This action was called for trial. At that time the parties stipulated...

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