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IN RE BILLINGSLEY

Bankruptcy. No. 02-71214, Adversary No. 05-7041.

338 B.R. 372 (2006)

In re Gary Robert BILLINGSLEY, Debtor. John L. Swartz, Trustee, Plaintiff, v. Gary Robert Billingsley, Excel Energy Co., and Patricia Monyok, Defendants.

United States Bankruptcy Court, C.D. Illinois.

March 6, 2006.

Attorney(s) appearing for the Case

Randall A. Wolter, Lead Attorney, Springfield, IL, for Debtor.

OPINION

MARY P. GORMAN, Bankruptcy Judge.

The issue before the Court is whether the Bankruptcy Court has the authority to order a corporation in which the Debtor owns stock to turn over to the Debtor's bankruptcy trustee all or a portion of the corporate assets.

The Debtor, Gary Billingsley, owns 500 shares of Excel Energy Co. ("Excel") stock. The Debtor's ex-wife, Patricia Monyok, owns the other 500 outstanding shares of Excel. Excel does not carry...

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