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IN RE ALSTON

Bankruptcy No. 00-61822 RTL. Adversary No. 03-2873 RTL.

322 B.R. 265 (2005)

In re Anthony ALSTON & Lorraine Alston, Debtors. Stuart Kramer and TNT Construction, Plaintiffs, v. Anthony Alston and Lorraine Alston, Elizabeth Rose and Hilton Rose, Defendants.

United States Bankruptcy Court, D. New Jersey.

March 24, 2005.

Attorney(s) appearing for the Case

Raffi Momjian, Esq., for Plaintiffs.

MeLinda Hawkins Taylor, Esq., for Defendants, Elizabeth & Hilton Rose.

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

The issues in this adversary proceeding are:

1. Does an insurance adjuster have an equitable lien on the proceeds of a fire insurance policy?

2. If so, does the adjuster's equitable lien have priority over the claim to the insurance proceeds by secured creditors with a mortgage on the damaged real property?

Because (a) the adjuster's efforts created the fund, (b) the insured agreed...

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