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McMakin v. Pine Bush Equipment Co.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


December 29, 1999

LINDA MCMAKIN, TRUSTEE, APPELLANT,
V.
PINE BUSH EQUIPMENT CO., INC., APPELLEE.
IN RE NEVINS BROTHERS AUCTION CO., INC., DEBTOR.

BANKRUPTCY CASE NO. 97-18658 (GMB)

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

ORDER

HON. STEPHEN M. ORLOFSKY

This matter having come before the Court on the appeal of Appellant Linda McMackin, Trustee of the Bankruptcy Estate of Nevins Brothers Auction Co., Inc., from the judgment entered by Bankruptcy Judge Gloria M. Burns in the United States Bankruptcy Court for the District of New Jersey ordering the Trustee to turn over the sum of $34,871.66 to Pine Bush Equipment Co., Inc., free and clear of all liens and equitable and legal interests, see In re Nevins Bros. Auction Co., Inc., No. 97-18658 (Bankr. D. N.J. filed Jan. 5, 1999), Gary C. Zeitz, Esq. of Zeitz & Stein, L.L.C., appearing on behalf of the Appellant, Linda McMackin, Trustee, Richard S. Baum, Esq. of Baum & Baum, Esqs., appearing on behalf of the Appellee, Pine Bush Equipment Co., and Larry Lesnick, Esq. of Ravin, Greenberg & Marks, appearing on behalf of the Debtor, Nevins Brothers Auction Co., Inc.; and,

The Court having considered the record on appeal and the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;

IT IS, on this 29th day of December, 1999, hereby ORDERED that the January 5, 1999, Order of the Bankruptcy Court is vacated and the case shall be remanded to the United Bankruptcy Court for the District of New Jersey for further proceedings consistent with the OPINION filed concurrently with this Order.

19991229

© 2000 VersusLaw Inc.



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