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IN RE PORGES

No. 94-5013.

44 F.3d 159 (1995)

In re Erwin A. PORGES, also known as E. Allen Porges, Debtor. Erwin A. PORGES, also known as E. Allen Porges, Plaintiff-Appellant, v. GRUNTAL & COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 5, 1995.

Attorney(s) appearing for the Case

Charles Jacobson, Woodbury, NY, for appellant.

John J. O'Donnell, New York City (Kevin T. Rover, Morgan, Lewis & Bockius, New York City), for appellee.

Before: MESKILL, MAHONEY and McLAUGHLIN, Circuit Judges.

MESKILL, Circuit Judge:

In this appeal we must determine whether a bankruptcy court, following a bench trial, properly may enter a money judgment against a debtor on the basis of a creditor's claims when the debtor voluntarily withdraws his Chapter 13 bankruptcy petition after the trial. The United States Bankruptcy Court for the Eastern District of New York, Hall, B.J., answered this question in the affirmative, exercising...

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