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IN RE ST. THERESA PROPERTIES, INC.

Bankruptcy No. 91 B 10344, Adv. No. 92-8135A.

152 B.R. 852 (1993)

In re ST. THERESA PROPERTIES, INC., Debtor. BEEKMAN PAPER COMPANY, INC., Plaintiff, v. ST. THERESA PROPERTIES, INC., Defendant.

United States Bankruptcy Court, S.D. New York.

March 31, 1993.

Attorney(s) appearing for the Case

John S. Pereira, Chapter 7 Trustee, New York City.

Harold Klapper, New York City, for Beekman Paper Co.

Susan Standish, New York City, for Kalikow Realty & Const.

Monasch & Strauss by Jeffrey T. Strauss, New York City, for Peter Galasso.

DECISION ON PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

In this procedurally peculiar adversary proceeding, Beekman Paper Company, Inc. (Beekman) seeks summary judgment imposing a constructive trust on the debtor's assets. Beekman hopes to leapfrog over the claims of the debtor's scheduled creditors, secured and unsecured. Given that Beekman's amended complaint was filed many months after the conversion of the case to a...

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