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IN RE CORK & BAGEL TRADING CO.

Bankruptcy No. 93-20224. Adversary No. 94-2020.

192 B.R. 789 (1995)

In re CORK & BAGEL TRADING COMPANY, Debtor. Joseph V. O'DONNELL, Trustee, Plaintiff, v. Eliot CHERTOK, Defendant.

United States Bankruptcy Court, D. Maine.

December 29, 1995.

Attorney(s) appearing for the Case

Daniel R. Felkel, Troubh, Heisler & Piampiano, PA, Portland, ME, for Plaintiff.

David P. Corcker, Portland, ME, for Defendant.

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Bankruptcy Judge.

This matter came before the Court on Joseph V. O'Donnell's ("Trustee") complaint against Eliot Chertok ("Defendant") to compel turnover of property pursuant to 11 U.S.C. § 542. Both parties moved for summary judgment. The issue is whether Debtor owned the property, a 1992 Buick Riviera, at the time of the filing of the bankruptcy petition.

I. FINDINGS OF FACT

The case...

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