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IN RE MARRS-WINN CO., INC.

Bankruptcy No. 93-71297, Adversary No. 94-7001.

203 B.R. 964 (1995)

In re MARRS-WINN COMPANY, INC., Debtor. MARRS-WINN COMPANY, INC., J.S. Alberici Construction Company, Inc., Plaintiffs, v. GIBERSON ELECTRIC, INC., Defendant.

United States Bankruptcy Court, C.D. Illinois.

February 2, 1995.

Attorney(s) appearing for the Case

John L. Greenleaf, Jr., Decatur, IL, for Debtor.

Mark D. Gibson, Decatur, IL, A. James Shafter, James E. Peckert, Decatur, IL, for Giberson.

A. Thomas DeWoskin, St. Louis, MO, for J.S. Alberici.

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether a creditor wrongfully seized funds in the Debtor-in-Possession's bank account. In resolving this issue, the Court must determine whether the funds were trust funds in which the Debtor held only bare legal title, or whether the funds were property of the estate and therefore subject to the creditor's security interest.<...

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