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IN RE LAVIGNE

Nos. 95 Civ. 6953 (KTD), 92 B 45593 (BRL). Adv. No. 94-8905A.

199 B.R. 88 (1996)

In re Jeffrey LAVIGNE, d/b/a Laser Medical Associates of NY, Debtor. MEDICAL MALPRACTICE INSURANCE ASSOCIATION, Plaintiff-Appellant, v. Hal M. HIRSCH, as Trustee of Estate of Jeffrey E. Lavigne, d/b/a Laser Medical Associates of NY, Defendant-Appellee.

United States District Court, S.D. New York.

July 25, 1996.

Attorney(s) appearing for the Case

Werner & Kennedy, New York City (Richard J. Cairns and Haroula K. Ballas, of counsel), for Appellant.

Gainsburg & Hirsch, Purchase, NY (Hal M. Hirsch, David L. Barrack and Scott Goldberg, of counsel), for Trustee Hal M. Hirsch.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Appellant, Medical Malpractice Insurance Association, ("MMIA") appeals from an order of Bankruptcy Judge Burton R. Lifland, issued June 14, 1995, which granted the cross-motion for summary judgment of Hal M. Hirsch, as Trustee of the Estate of Jeffrey E. Lavigne, d/b/a Laser Medical Associates of NY ("Trustee"). MMIA argues that the Bankruptcy Judge misapplied relevant provisions of the Bankruptcy Code in...

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