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IN RE BRANK

No. C-C-86-330-P.

67 B.R. 1005 (1986)

In re Henry S. BRANK and Mary E. Brank, Debtors. PROFESSIONAL HEALTH SERVICES, INC., Plaintiff, v. Henry S. BRANK and Mary E. Brank, Debtors, and Wayne Sigmon, Trustee, Defendants. Wayne SIGMON, Trustee, Third-Party Plaintiff, v. Joseph L. BARRIER, Nick E. Grivas, M.D., DeHaven Pathology, Carolina Radiology, and Charlotte Rehabilitation Hospital, Third-Party Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

December 23, 1986.

Attorney(s) appearing for the Case

Tate K. Sterrett, Charlotte, N.C., for plaintiff.

R. Keith Johnson, Charlotte, N.C., Wayne Sigmon, Gastonia, N.C., Joseph L. Barrier, Richard M. Mitchell, Mitchell & Rallings, Charlotte, N.C., for defendants.

ORDER

ROBERT D. POTTER, Chief Judge.

This appeal follows the Bankruptcy Court's Order of May 19, 1986 which allowed the Trustee to set aside and recover against the Appellant Joseph L. Barrier a payment made to him in the sum of $12,224.30. The money was for a contingent fee and other legal charges paid to Appellant from the proceeds of a personal injury action which was settled just a few days after the Debtors filed their bankruptcy petition January 16...

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