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IN RE ABBEY FINANCIAL CORP.

Bankruptcy No. 94-41473-JFQ. Adv. No. 94-4147.

193 B.R. 89 (1996)

In re ABBEY FINANCIAL CORP., Debtor. FIRST UNION NATIONAL BANK OF FLORIDA, Plaintiff, v. ABBEY FINANCIAL CORP., Defendant.

United States Bankruptcy Court, D. Massachusetts.

February 29, 1996.

Attorney(s) appearing for the Case

Peter B. McGlyn, Bernkopf, Goodman & Baseman, Boston, MA, for First Union National Bank of Florida.

Gordon M. Jones, III, Hanify & King, Boston, MA, for Abbey Financial Corporation.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

First Union National Bank of Florida ("First Union") seeks (i) judgment declaring that its postpetition charge to the checking account of Abbey Financial Corporation (the "Debtor") was a permissible recoupment or setoff, and (ii) recovery of funds transferred to the Debtor allegedly by mistake, plus the imposition of a constructive trust in aid of that recovery. Both...

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