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IN RE RELIGA

Bankruptcy No. 91-14029 K, Adv. No. 92-1030 K.

157 B.R. 54 (1993)

In re John D. RELIGA, Debtor. Katherine Portolese KELLY, Individually and as Parent and Natural Guardian of Joseph Kelly, Plaintiff, v. John D. RELIGA and Daniel E. Brick, Defendants. Peter Mascaro Construction Co., Inc., Intervenor Defendant.

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

June 10, 1993.

Attorney(s) appearing for the Case

John J. Delmonte, Niagara Falls, NY, for plaintiff.

Richard Hogan, Jr., of counsel to Michael Religa, Niagara Falls, NY, for defendant.

Daniel E. Brick, North Tonawanda, NY, trustee for the Estate of John Religa.

Morree M. Levine, Niagara Falls, NY, for Peter Mascaro Const. Co., Inc.

MICHAEL J. KAPLAN, Chief Judge.

This case asks whether the fact that monies were provided by a Chapter 7 Debtor's former Mother-in-Law for the construction of the Debtor's marital residence, or the fact that the building contractor who built the residence remains partially unpaid, entitles either the Mother-in-law or the contractor to a constructive trust or equitable lien upon the debtor's interest in the residence. The former Mother-in-Law also seeks a determination...

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