IN RE SHAPIRO

Bankruptcy No. 89-13772S, Adv. No. 90-0026.

124 B.R. 974 (1991)

In re Frederic A. SHAPIRO and Rosalie B. Shapiro, Debtors. OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Plaintiff, v. CUSHMAN AND WAKEFIELD OF PENNA., INC., Frank-Lynn Realty, and Maytor H. McKinley, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 8, 1991.


Attorney(s) appearing for the Case

Mark S. Kenney, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, Pa., for plaintiff.

Richard B. Miller, Spector, Gadon & Rosen, P.C., Philadelphia, Pa., for defendants.

H. Marvin Mercer, III, Krusen, Evans & Byrne, Philadelphia, Pa., for debtors.

James J. O'Connell, Asst. U.S. Trustee, Philadelphia, Pa.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The issue presented by this proceeding is the disposition of an escrow deposit made by a Debtor-buyer of real estate under an agreement of sale and an escrow agreement allowing delivery of the fund only upon agreement by the parties or court authorization in light of (1) the Debtor's pre-petition default of the agreement; and (2) his post-petition consent to the release of the fund to the...

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