IN RE DE-PEN LINE, INC.

Bankruptcy No. 96-10569, Adversary No. 97-1023DAS.

215 B.R. 947 (1997)

In re DE-PEN LINE, INC., Debtor. CF MOTOR FREIGHT, Plaintiff, v. Andrew N. SCHWARTZ and Delta Investments, Ltd., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania, Philadelphia Division.

December 12, 1997.


Attorney(s) appearing for the Case

Mark Blank, Jr., Paoli, PA, for Debtor.

Andrew N. Schwartz, Philadelphia, PA, Trustee.

Camille Spinale, Philadelphia, PA, for Trustee.

Robert C. Farley, Jr., Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for CF Motor Freight.

Robert E. Giering, Reading, PA, for Delta Investments, Ltd.

Frederic Baker, Philadelphia, PA, Asst. U.S. Trustee.


OPINION

David A. SCHOLL, Chief Judge.

A. INTRODUCTION

Two questions are presented by the above-captioned adversary proceeding ("the Proceeding"): (1) Who is entitled to the $27,517.00 ("the Funds") owed to DE-PEN LINE, INC. ("the Debtor") by Plaintiff CF MOTOR FREIGHT ("CF"), Defendant ANDREW N. SCHWARTZ, Chapter 7 Debtor's trustee ("the Trustee"), or Defendant DELTA INVESTMENTS, LTD. ("DIL"), the self-described "factor" of the Debtor's accounts...

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