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IN RE FISCANTE

Bankruptcy No. 91-173 JLC, Adv. No. 92-30.

141 B.R. 303 (1992)

In re Cosmo Nick FISCANTE, Debtor. SEARS, ROEBUCK & CO., Plaintiff, v. INTEGRA NATIONAL BANK/PITTSBURGH, Successor to The Union National Bank of Pittsburgh, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

June 9, 1992.

Attorney(s) appearing for the Case

H. Brian Peck, Laura L. DiBiase, Kincaid, McGrath & O'Keefe, P.C., Pittsburgh, Pa., for Integra Nat. Bank.

Steven T. Shreve, Stone, Glosser & Stone, Pittsburgh, Pa., for Sears, Roebuck & Co.

Kenneth Steidl, Steidl & Steinberg, Pittsburgh, Pa., for debtor.

Joseph J. Bernstein, Bernstein & Bernstein, Pittsburgh, Pa., Trustee.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The matter before this court is a motion by Sears, Roebuck & Co. ("Sears") for relief from the automatic stay and/or turnover of property. After careful review of the record and the representations made by the parties, the motion for relief is denied.

I. FACTS

On or about May 18, 1989, Cosmo Nick Fiscante ("Debtor") purchased a lawn tractor and charged it to his personal charge account...

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