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IN RE BALGOBIN

Bankruptcy No. 11-40049-CEC. Adversary No. 12-1061-CEC.

490 B.R. 13 (2013)

In re NFN BALGOBIN, Debtor. Robert L. Geltzer, as Trustee of the Estate of NFN Balgobin, Plaintiff, v. Mark BALGOBIN, Defendant.

United States Bankruptcy Court, E.D. New York.

March 22, 2013.

Attorney(s) appearing for the Case

Mark Bruh, Esq. , The Law Office of Robert L. Geltzer, New York, NY, for Plaintiff.

Vivian M. Williams, Esq. , New York, NY, for Debtor/Defendant.

DECISION

CARLA CRAIG, Chief Judge.

This matter presents a frequently encountered question: when can a claimed equitable interest in property in which the debtor holds legal title, asserted by a third party, be given effect in bankruptcy? Here, the Chapter 7 trustee seeks turnover of an automobile titled in the debtor's name, but in possession of the debtor's son. The debtor and his son contend that the debtor...

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