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IN RE JAMES

Bankruptcy No. 89-12637S, Adv. No. 89-0866S.

112 B.R. 687 (1990)

In re Norma Y. JAMES a/k/a Norma Y. Reynolds, Debtor. Norma Y. JAMES, Plaintiff, v. Jacqueline DRAPER; State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice; Peter N. Perretti, Jr., Attorney General of State of New Jersey; and Robert T. Winter, State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

Supplemental Opinion and Order May 1, 1990.

Attorney(s) appearing for the Case

Berneter Mallory, Velmin & Johnson, Philadelphia, Pa., for debtor-plaintiff.

Stephen Raslavich, Silverman, Markovitz, Meo & Raslavich, Philadelphia, Pa., trustee.

Steven L. Scher, Sr. Deputy Atty. Gen., State of N.J., Trenton, N.J., for defendants.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding, concerning the Debtor's efforts to recover $7,990 in cash (hereinafter "the Funds") which the State of New Jersey (hereinafter "the State") is attempting to retain as the fruits of a civil forfeiture proceeding, placed several interesting and difficult issues before the court. We cannot finally resolve all of issues because we find that the Chapter 7 Trustee, who is...

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