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IN RE STEPHENS

Case No. 09-62630.

In re: JEFFREY L. and SANDRA L. STEPHENS, Chapter 7, Debtors.

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

March 28, 2013.

Attorney(s) appearing for the Case

STEPHEN R. DOLSON, ESQ. , Attorney for Debtor, The Law Offices of Steven R. Dolson, PLLC 126 North Salina Street, Suite 3B Syracuse, NY 13202.

THOMAS PAUL HUGHES, ESQ. , Chapter 7 Trustee, 23 Oxford Road New Hartford, NY 13413.

TRACY HOPE DAVIS , GUY A. VAN BAALEN, ESQ. , United States Trustee for Region 2 Office of the United States Trustee 10 Broad Street, Room 105 Utica, NY 13501.

MEMORANDUM-DECISION AND ORDER

DIANE DAVIS, Bankruptcy Judge.

Before the Court is a Motion for Turnover of Non-Bankruptcy Estate Funds ("Motion," ECF No. 45) filed by Debtors Jeffrey L. and Sandra L. Stephens ("Debtors") on March 17, 2011. Debtors seek to have Chapter 7 Trustee Thomas Paul Hughes ("Trustee") turnover surplus proceeds resulting from the post-discharge auction sale of non-exempt personal property, which Debtors elected to surrender pursuant...

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