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IN RE WEINSTEIN

Bankruptcy No. 892-83328-20. Adv. No. 892-8457.

173 B.R. 258 (1994)

In re Milton WEINSTEIN, Debtor. James F. FREER, as Guardian Ad Litem of Christina Kathleen Pafero, a Minor; Alan Marshall Jacobs, as Guardian Ad Litem of Nicole Jacobs, a Minor; Daniel Jacobs; Eric Stuart Linder; and Wachovia Bank of North Carolina, N.A., Successor Trustee for the Trusts Created Under Item Three of the Wills of Herbert Jacobs and Bella Lewan Jacobs, Plaintiffs, v. Milton WEINSTEIN, Defendant.

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

October 12, 1994.

Attorney(s) appearing for the Case

I. Faison Hicks, Parker, Poe, Adams & Bernstein, Charlotte, NC, Perry M. Amsellem, James A. Janowitz, Pryor, Cashman, Sherman & Flynn, New York City, for plaintiffs.

Edward P. Frey, Joseph E. Macy, Speno Goldman Goldberg Steingart & Penn, P.C., Mineola, NY, for defendant/debtor.

Richard O'Connell, Chapter 7 Trustee, Yost & O'Connell, Whitestone, NY.

Scott Y. Stuart, Stan Y. Yang, Office of U.S. Trustee, Garden City, NY.

DECISION AND ORDER

ROBERT JOHN HALL, Bankruptcy Judge.

PRELIMINARY STATEMENT

Plaintiffs filed the within Adversary Proceeding seeking a determination that certain of Debtor's obligations are non-dischargeable for having been incurred through fraud or defalcation while Debtor was acting in a fiduciary capacity. Before the Court is Plaintiffs' motion for summary judgment ("Motion"); Debtor opposed the Motion and cross-moved for summary judgment in...

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