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IN RE RUIZ

Bankruptcy No. 91-14603-BKC-RAM.

146 B.R. 877 (1992)

In re Luis RUIZ and Raquel Pe De Ruiz, Debtors.

United States Bankruptcy Court, S.D. Florida.

October 30, 1992.

Attorney(s) appearing for the Case

Barbara Areces, Areces & Areces, P.A., Miami, Fla., for debtors.

Edward Waldron, Coral Gables, Fla., for BMI Intern. Brokerage, Inc.

Robert L. Roth, Miami, Fla., Chapter 13 Trustee.

MEMORANDUM OPINION

ROBERT A. MARK, Bankruptcy Judge.

Creditor, BMI International Brokerage, Inc., ("BMI") has filed a Motion to Modify Stay to Permit Setoff. The motion seeks relief to allow BMI to withhold and setoff post-petition commissions due the Debtor against pre-petition advances BMI paid the Debtor. The Court conducted an evidentiary hearing on June 10, 1992 after which the parties filed supplemental memoranda in support of their respective positions...

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