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IN RE CARELS

Bankruptcy No. 07-17291bf. Adversary No. 09-0134.

416 B.R. 153 (2009)

In re Scott M. CARELS and Joann M. Carels, Debtors Christine Shubert, Chapter 7 Trustee for the Estate of Scott M. Carels and Joann M. Carels, Plaintiff v. Scott M. Carels, Joann M. Carels, and William C. Miller, Esquire, former Chapter 13 Trustee for the Estate of Scott M. Carels and Joann M. Carels, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

August 20, 2009.

Attorney(s) appearing for the Case

Paul Brinton Maschmeyer, Robert W. Seitzer Philadelphia, PA, for Plaintiff.

Robert F. Salvin, Community Impact Legal Services, Chester, PA, for Defendants.

MEMORANDUM

BRUCE FOX, Bankruptcy Judge.

The plaintiff, chapter 7 trustee Christine C. Shubert, Esq., commenced this adversary proceeding seeking a declaration that property of the estate, transferred to her possession by the former chapter 13 trustee, can be distributed to unsecured creditors under 11 U.S.C. § 726. William C. Miller, Esq., the former chapter 13 trustee, has agreed that he holds no interest in these funds. "Consent Order" (docketed July...

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