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IN RE KURTZMAN

Docket No. 98-5041

194 F.3d 54 (1999)

In re Eric C. KURTZMAN, Trustee. Eric C. Kurtzman Trustee in Bankruptcy for Rory G. Pilcher, Joanne Pilcher, Carlos Montoya, Richard J. Cimino, Sr., Judith N. Cimino, Carol P. Collins, Glen T. Mitchell, Scott M. Lask, Caren D. Lask, Dorothea A. Judson, Jonathon Kern, Feti Canpolat, Charles P. Benson, d/b/a Benson Auto Repair, Barbara A. Baird, Maria Guisao, Charles James Balli, Joyce Ann Balli, Mitchell Rothman, Donald P. Klybas, Charles E. Fowler, Donald R. McCue, Glenn Albert Sayres and Diane Michelle Sayres, Debtors, Trustee-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 20, 1999.

Attorney(s) appearing for the Case

Joseph J. Haspel, Stein Riso Haspel & Jacobs LLP, New City, NY, for Trustee-Appellant Eric C. Kurtzman.

Jacob D. Zeldes, Zeldes, Needle & Cooper, Bridgeport, CT (Robert M. Frost, of counsel), as amicus curiae pro bono publico, by appointment of the Court.

Before: CARDAMONE, CABRANES, and STRAUB, Circuit Judges.

PER CURIAM:

Eric C. Kurtzman, as Trustee in Bankruptcy for various Chapter 7 debtors ("Trustee"), appeals from a judgment of the United States District Court for the Southern District of New York (Barrington D. Parker, Jr., Judge), which affirmed an order of the United States Bankruptcy Court for the Southern District of New York (Jeremiah E. Berk, Bankruptcy Judge) denying the Trustee's motion pursuant to 11...

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