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IN RE ZYWICZYNSKI

Bankruptcy No. 94-11743 K, Adversary No. 97-1013 K.

210 B.R. 924 (1997)

In re Thomas F. ZYWICZYNSKI, d/b/a Tom's Trucking & Concrete, Debtor. Morris L. HORWITZ, as Trustee, Plaintiff, v. Thomas F. ZYWICZYNSKI, Charles F. Tiranno, individually and d/b/a Chuck Tiranno Kennels and Game Farm, New York State Department of Environmental Conversation, Region 8 Office, Marine Midland Bank, Defendants.

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

July 16, 1997.

Attorney(s) appearing for the Case

Morris L. Horwitz, Horwitz & Frankel, New York City, for Plaintiff.

Daniel E. Brick, Brick, Brick & Elmer, P.C., New York City, for Debtor.

James M. Joyce, Cheektowaga, NY, for Defendant, Charles F. Tiranno.

Dennis C. Vacco, Attorney General by Linda E. White, Assistant Attorney General, New York City, for New York State Dept. of Environmental Conservation.

Michael T. Ryan, New York City, for Marine Midland Bank.

MICHAEL J. KAPLAN, Bankruptcy Judge.

Today, forced by the State of New York, the Court rules that recent illumination of the Eleventh Amendment does not preclude this Court's inquiry into whether money not owned by the State of New York (the "State"), but claimed by the State, is "property of the estate" under 11 U.S.C. § 541, and subject to turnover under 11 U.S.C. § 542, at least here where the State may have taken steps after bankruptcy...

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