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In re Lincoln Logs Ltd.

In re Lincoln Logs Ltd.

Ruling
Funds held in escrow by debtor home manufacturer were not property of the estate.
Procedural posture

Creditors, the putative purchasers of a custom log home from the debtor, filed a motion for turnover of goods and materials for which they had paid the debtor, but which had not been delivered by the debtor to the site where the purchasers were constructing their new residence, and for other relief pursuant to 11 U.S.C.S. § 105. The purchasers had paid the full purchase price, but only received about half of the materials.

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Commercial opinion summary, case decided on January 25, 2010 , LexisNexis #0310-126