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IN RE BOB BREST BUICK, INC.

Bankruptcy No. 91-13871-WCH, Adv. No. 91-1398-WCH.

136 B.R. 322 (1991)

In re BOB BREST BUICK, INC., Debtor. BOB BREST BUICK, INC., Plaintiff, v. NISSAN MOTOR CORPORATION IN U.S.A., Defendant.

United States Bankruptcy Court, D. Massachusetts.

September 4, 1991.

Attorney(s) appearing for the Case

Hertz N. Henkoff, Barron & Stadfeld, Boston, Mass., for plaintiff/debtor.

Paul D. Moore, Choate, Hall & Stewart, Boston, Mass., for defendant.

DECISION REGARDING (1) MOTION OF NISSAN MOTOR CORPORATION IN U.S.A. FOR RELIEF FROM STAY TO PERMIT RECOUPMENT OR, IN THE ALTERNATIVE, SETOFF AND FOR RELATED RELIEF AND (2) THE CAPTIONED ADVERSARY PROCEEDING

WILLIAM C. HILLMAN, Bankruptcy Judge.

This matter comes before the Court by two converging routes. On July 17, 1991, debtor/plaintiff filed this adversary proceeding seeking turnover of property of the estate pursuant to 11 U.S.C. Secs. 541 and 542 (Count...

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