IN RE CASTLE INDUSTRIES, INC.

Bankruptcy Nos. 86-41519 F, 86-41523 F.

147 B.R. 941 (1992)

In re CASTLE INDUSTRIES, INC., Castle Industries of Arkansas, Inc., and Castle Home Sales, Inc., Consolidated Debtors-in-Possession. In re HOUSING FINANCIAL SERVICES, INC., Debtor-in-Possession. John M. JEWELL, as Disbursing Agent for Castle Industries, Inc.; Castle Industries of Arkansas, Inc.; Castle Home Sales, Inc., and Housing Financial Services, Inc., Plaintiff, v. GENERAL ELECTRIC CAPITAL CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Arkansas, W.D.

December 14, 1992.


Attorney(s) appearing for the Case

Audrey R. Evans, Little Rock, AR, for defendant Gen. Elec. Capital Corp.

Geoffrey B. Treece, Thomas G. Williams, Little Rock, AR, for plaintiff John M. Jewell.


MEMORANDUM OPINION

ROBERT F. FUSSELL, Chief Judge.

Pending before the Court is the defendant's Motion to Dismiss the plaintiff's June 3, 1992 Complaint for Recovery of Asset for failure to state a claim. The complaint seeks a turnover of property pursuant to 11 U.S.C. §§ 542 and 105. The Court held a hearing on the defendant's motion to dismiss on October 26, 1992.

I. Jurisdiction

The Court has jurisdiction over this pending...

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