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IN RE THE BENNETT FUNDING GROUP, INC.

Bankruptcy No. 96-61376, Adversary No. 96-70154.

220 B.R. 743 (1997)

In re THE BENNETT FUNDING GROUP, INC., Debtors. Richard C. BREEDEN, Trustee for the Bennett Funding Group, Inc., et al., Plaintiff, v. Patrick R. BENNETT, et al., Defendant.

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

October 9, 1997.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, George M. Newcombe of counsel, for Plaintiff.

Backenroth & Grossman, L.L.P., New York City, Robert E. Grossman, for Defendant.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Before the Court is the motion (the "Motion") of the chapter 11 trustee (the "Trustee") of the jointly administered and substantively consolidated estates of The Bennett Funding Group, Inc. ("BFG"), Bennett Receivables Corporation, Bennett Receivables Corporation II and Bennett Management and Development Corporation ("BMDC") for " a) partial summary judgment...

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