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MATTER OF NUISANCE CORP.

Bankruptcy No. 80-0672.

17 B.R. 80 (1981)

In the Matter of NUISANCE CORP., a New Jersey Corporation, formerly doing business as M. Cattafi & Son, Inc., Debtor. Lillian R. CATTAFI, Michael Cattafi, Jr. and Carolyn C. Cattafi, Plaintiffs, v. Thomas J. O'NEILL, Trustee in Bankruptcy, Defendant.

United States Bankruptcy Court, D. New Jersey.

November 23, 1981.

Attorney(s) appearing for the Case

Thomas J. O'Neill, Newark, N.J., trustee.

Cossman, Levenstein & Goodkin by Peter J. Cossman, and C. William Petrics, Chester, N.J., for Lillian R. Cattafi, Lillian Cattafi and Michael Cattafi, Jr. in bankruptcy proceedings.

Kenihan & Cohen by Lawrence Cohen, Succasunna, N.J., for Lillian R. Cattafi, Lillian Cattafi and Michael Cattafi, Jr. in State court proceedings.

OPINION

D. JOSEPH DE VITO, Bankruptcy Judge.

Plaintiffs seek to enforce an alleged security interest in proceeds resulting from the sale of the debtor's assets. The relevant undisputed facts may be summarized as follows:

1. Plaintiffs, Michael Cattafi, Jr., his wife Carolyn C. Cattafi, and Lillian R. Cattafi, Michael Jr.'s sister, collectively owned approximately 66 per cent of the corporation's common...

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