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IN RE METZGAR

Bankruptcy No. 98-11643 B, Adversary No. 98-1180 B.

242 B.R. 226 (1999)

In re Robert W. METZGAR, Individually and d/b/a King Machine, Debtor. IRR Supply Centers, Inc., Plaintiff, v. Robert W. Metzgar, Individually and d/b/a King Machine, Defendant.

United States Bankruptcy Court, W.D. New York.

December 10, 1999.

Attorney(s) appearing for the Case

Aaron, Dautch, Sternberg & Lawson, LLP, Melissa A. Tocha, of counsel, Buffalo, NY, for plaintiff.

Schaack, Whipple, Clark, Nelson, Polowy, PC, Richard F. Whipple Jr., of counsel, Fredonia, NY, for defendant.

CARL L. BUCKI, Bankruptcy Judge.

Many are the construction projects in which the general contractor fails to pay a supplier of materials, even after the general contractor has received full payment from the owner of the property. To facilitate payment and for the benefit of such suppliers, the New York Lien Law imposes a trust upon "funds received by a contractor under or in connection with a contract for an improvement of real property." New York Lien Law §...

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