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In re Steen's Feeds, Inc.

Bankr. No.: 
91-50339
Chapter: 
11
Date of Decision: 
February 22, 1994
Issue: 
Whether movant's interest in certain money was sufficiently clear and undisputed so as to justify relief from the automatic stay and a compelled abandonment from the estate?
Ruling: 
Movant's request for relief from the automatic stay and for an order compelling the trustee to abandon certain money was denied. Trustee argued movant's interest in the money was subject to a preference action. Another creditor argued it should have a constructive trust on the money because Debtor had obtained it from the creditor fraudulently. The Court ruled the preference and constructive trust issues should be litigated before relief or abandonment were granted to movant.
Full Bankruptcy Court Decision: