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IN RE KLEIN

Bankruptcy No. 882-81032-18, Adv. No. 883-0066-18.

36 B.R. 390 (1984)

In re Emil Paul KLEIN, Debtor. Joseph MELOHN, d/b/a Marjo Enterprises, Plaintiff, v. Emil Paul KLEIN, Defendant.

United States Bankruptcy Court, E.D. New York.

January 20, 1984.

Attorney(s) appearing for the Case

Fensterheim & Fensterheim, Attys. for Plaintiff, New York City, for plaintiff.

Holland & Zinker, Smithtown, N.Y., for defendant/debtor.

DECISION & ORDER

C. ALBERT PARENTE, Bankruptcy Judge.

Defendant, Emil Paul Klein, moves to dismiss the adversary proceeding commenced by deceased plaintiff, Joseph Melohn, d/b/a Marjo Enterprises. Leon Melohn and Alfons Melohn, co-executors of the estate of Joseph Melohn, cross-move to be substituted for decedent in the proceeding.

FACTUAL CONTEXT

On April 22, 1982, defendant filed a petition under Chapter 13 of the Bankruptcy Reform...

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