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IN RE ZISHOLTZ

Bankruptcy No. 98-10488DAS, Adversary No. 98-0367DAS.

226 B.R. 824 (1998)

In re Joel M. ZISHOLTZ and Lois Zisholtz, Debtors. Joel M. ZISHOLTZ, Lois Zisholtz, Plaintiffs, v. ANTHONY CHARLES HOMES, INC., Charles E. Dessert, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 13, 1998.

Attorney(s) appearing for the Case

David B. Smith, Philadelphia, PA, for Debtors.

Harry J. Giacometti, Philadelphia, PA, Trial Counsel for Debtors.

Stewart B. Liebman, Mittman & Liebman Associates, Montgomeryville, PA, Former State Court Counsel for Debtors.

Michael G. Bowen, Doylestown, PA, for Defendants.

Stephen E. Skovron, Philadelphia, PA, for Robert and Rhona Goldstein.

Melody C. Watts, Deputy Attorney General, Office of Attorney General, Philadelphia, PA, for PA. Dept. of Revenue.

Arthur P. Liebersohn, Philadelphia, PA, Trustee in Martin's Aquarium, Inc., related case.

Frederic Baker, Asst. U.S. Trustee, Philadelphia, PA.

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

The instant adversary proceeding ("the Proceeding") was initiated by JOEL M. ZISHOLTZ ("Joel") and LOIS ZISHOLTZ ("Lois"; with Joel, "the Debtors") against ANTHONY CHARLES HOMES, INC. and its principal, CHARLES E. DESSERT ("the Defendants"), in the Court of Common Pleas of Bucks County, PA., and removed by the Debtors to this court.1 Their First Amended...

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