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IN RE PRICHARD

Bankruptcy No. 92-00529. Adv. No. 94-70003A.

170 B.R. 41 (1994)

In re Philip PRICHARD, Constance Prichard, Debtors. HERKIMER COUNTY TRUST COMPANY, Plaintiff, v. Mark SWIMELAR, Esq. in his capacity as the Chapter 13 Bankruptcy Trustee of the above named debtors; Randy Schaal, Esq. in his capacity as the Chapter 7 Bankruptcy Trustee of the above named debtors, Defendants.

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

July 7, 1994.

Attorney(s) appearing for the Case

David L. Ganje, Albany, NY, for Herkimer County Trust Co.

Mark Swimelar, Chapter 13 Trustee, Syracuse, NY.

Randy J. Schaal, Chapter 7 Trustee, Sherrill, NY.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

The Court considers the motion of the Plaintiff, Herkimer County Trust Company ("HCT"), for summary judgment, filed in the within adversary proceeding, declaring that Mark Swimelar, Esq., in his capacity as Chapter 13 trustee ("Swimelar") and Randy Schaal, Esq., in his capacity as Chapter 7 trustee ("Schaal") (hereinafter jointly referred to as the "Trustees...

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