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IN RE HURLEY

Bankruptcy No. 88 B 01939, Adv. No. 91 A 00559.

148 B.R. 298 (1992)

In re Carol K. HURLEY, f/k/a Carol McClelland, d/b/a Carol K. Hurley, M.D. Whitehorse Gallery, 1932 Halsted Building, GMC Construction, Debtor. Carol K. HURLEY, M.D., Plaintiff, v. Gene GAERTNER, M.D., Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

November 13, 1992.

Attorney(s) appearing for the Case

Deborah L. Thorne, Much, Shelist, Freed, Denenberg & Ament, P.C., Chicago, IL, for debtor/plaintiff.

Edward T. Graham, Wheaton, IL, for defendant.

James H. Longstreet, DeHaan & Richter, P.C., Chicago, IL, for Affiliated Bank.

Richard Friedman, U.S. Trustee, Dept. of Justice, Chicago, IL.

MEMORANDUM OPINION

Hon. RONALD S. BARLIANT, Bankruptcy Judge.

Two motions before this Court arise out of the premature payment of funds by a garnishee-bank to a judgment creditor-garnishor before a judgment had been entered in the garnishment proceeding. The garnishee-bank filed a motion requesting that this Court either approve the payment nunc pro tunc or require the judgment creditor-garnishor to return the funds. The judgment debtor has moved...

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