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IN RE CORNMESSER'S, INC.

Bankruptcy No. 00-23812-BM. Adversary No. 01-2001-BM.

264 B.R. 159 (2001)

In re CORNMESSER'S, INC., Debtor. William B. Cornmesser, Plaintiff, v. Lisa Swope, Trustee, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

June 22, 2001.

Attorney(s) appearing for the Case

Thomas W. Cartwright, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, for plaintiff.

Lisa M. Swope, Ebensburg, PA, Chapter 7 Trustee, defendant pro se.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

William Cornmesser (hereinafter "Cornmesser"), guarantor of a secured debt owed by debtor Cornmesser's, Inc. to Keystone Financial Bank, seeks a determination that he is subrogated to the rights of Keystone to the extent that he personally paid the debt owed to Keystone. He further asserts that a surplus in the amount of $11,415.03 remaining after the debt was fully satisfied is not property...

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