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IN RE BROWN

No. 83-CV-46.

39 B.R. 83 (1983)

In re Robert N. BROWN and Barbara Bex Brown, Debtors. Barbara Bex BROWN, Plaintiff, v. Virginia M. DELLINGER, Individually and d/b/a Dellinger Art & Antiques, Defendant.

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

June 3, 1983.

Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, Schwarzer & Sugnet, P.C., Syracuse, N.Y., for plaintiff; Laurence F. Sovik, Syracuse, N.Y., of counsel.

Harold F. Simons, Hamilton, N.Y., for defendant; William L. Burke, Hamilton, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

This is an appeal from a decision of the Bankruptcy Court, Leon J. Marketos, Bankruptcy Judge, declaring that the Bankruptcy Court has exclusive jurisdiction over surplus funds from a pre-petition mortgage foreclosure of the debtor's property. On February 26, 1982, the Appellate Division of New York State Supreme Court, Fourth Department, held that the funds were not property of the estate and that the bankrupt...

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