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IN RE UNIFIED COMMERCIAL CAPITAL, INC.

Bankruptcy No. 98-23908. Adversary No. 00-2206.

260 B.R. 343 (2001)

In re UNIFIED COMMERCIAL CAPITAL, INC., Debtor. Douglas J. Lustig, as Trustee, Plaintiff, v. Weisz and Associates, Inc., and Frank B. Weisz, Defendants.

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

March 29, 2001.

Attorney(s) appearing for the Case

David H. Ealy, Shapiro, Rosenbaum, Liebschutz & Nelson, LLP, Rochester, for Plaintiff.

Stephen E. LaPrade, Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester, for Defendants.

DECISION & ORDER

JOHN C. NINFO, II, Chief Judge.

BACKGROUND

In August 1998, Samuel A. Yacono ("Yacono"), under investigation by the United States Securities and Exchange Commission (the "Commission"), committed suicide. Prior to his death, Yacono was the sole and/or controlling shareholder of a number of corporations (the "Yacono Controlled Entities"), including First American Reliance, Inc. ("First American"), Money Managers, Inc. ...

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