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IN RE WHOLESALE WAREHOUSE, INC.

Bankruptcy No. 89-05531, Adv. No. 91-3283 SAS.

141 B.R. 59 (1992)

In re WHOLESALE WAREHOUSE, INC., t/a Kustom Kitchens, Debtor. The MONEY STORE INVESTMENT CORP., Plaintiff, v. Theodore LISCINSKI, Jr., Trustee in Bankruptcy of the Estate of Wholesale Warehouse, Inc., et al., Defendants.

United States Bankruptcy Court, D. New Jersey.

June 5, 1992.

Attorney(s) appearing for the Case

Bernard Schenkler, Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime, Roseland, N.J., for plaintiff.

Theodore J. Liscinski, Jr., Lanfrit, Liscinski & Rosenwasser, Somerset, N.J., for defendant Theodore J. Liscinski, Jr.

Carroll D. Lansdell, Office of the U.S. Atty., Newark, N.J., for defendant I.R.S.

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

In this adversary proceeding the plaintiff, The Money Store Investment Corp. (hereinafter "MSIC") seeks to compel turnover of a fund held by defendant Theodore J. Liscinski, Jr. (hereinafter "the trustee"). MSIC has moved for summary judgment compelling turnover on the ground that the fund in question is proceeds of a general intangible in which MSIC has a perfected first security interest. The trustee...

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