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Lemeh v. Scott (In re Tom Nebel PC)

Lemeh v. Scott (In re Tom Nebel PC)

Ruling
Debtor's clients had sole claim to appeal bond funds held by court clerk.
Procedural posture

Chapter 7 trustee filed two adversary proceedings against a court clerk and the debtor's clients, concerning certain funds held by the clerk in which both the clients and the trustee claimed an interest. The disputed funds were deposited pursuant to a chancery court's order in a shareholder derivative action tried by the debtor on behalf of the clients. The trustee and the clients filed cross motions for summary judgment.

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Commercial opinion summary, case decided on March 16, 2009 , LexisNexis #0809-063