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IN RE CARROZZELLA & RICHARDSON

No. 99-50073.

247 B.R. 595 (2000)

In re CARROZZELLA & RICHARDSON, Debtor. Michael J. Daly, as chapter 7 trustee for Carrozzella & Richardson, Plaintiff/Appellant, v. Christina Radulesco and George Radulesco, Defendants/Appellees.

United States Bankruptcy Appellate Panel of the Second Circuit.

April 21, 2000.

Attorney(s) appearing for the Case

Neubert, Pepe & Monteith, P.C., New Haven, Connecticut, by Douglas Skalka, Jody W. Menon, for the plaintiff/appellant.

Law Offices of Robert G. Wetmore, Yalesville, Connecticut, by Robert G. Wetmore, for the defendants/appellees.

Before: GERLING, NINFO, and GALLET, Bankruptcy Judges.

MEMORANDUM DECISION AND ORDER

GALLET, Bankruptcy Judge.

I. INTRODUCTION

The Bankruptcy Court (Dabrowski, J.) held that certain funds paid by the Debtor within ninety days prior to the filing of the bankruptcy petition were not preferential payments because the funds were held in an express trust by the Debtor for the benefit of the Defendants and, therefore, not property of the estate. For the reasons set forth below, we reverse...

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