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IN RE PELTZ

Bankruptcy No. 92 B 46996(PCB). Adversary No. 98/9236A.

263 B.R. 721 (2001)

In re Samuel PELTZ, Debtor. Kenneth Silverman, Esq., As Chapter 7 Trustee of Samuel Peltz, Plaintiff, v. Samuel Peltz and Faye Peltz, Defendants.

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

June 27, 2001.

Attorney(s) appearing for the Case

Richard E. Haftel, Modlin, Haftel & Nathan, LLP, New York City, for Plaintiff.

Mark A. Frankel, Backenroth & Grossman, LLP, New York City, for Defendant Samuel Peltz.

John Westerman, Westerman, Shapiro, Pollack & Draghi, LLP, Garden City, NY, for Defendant Faye Peltz.

WHITMAN KNAPP, Senior District Judge.

This case is currently before the Southern District Bankruptcy Court. Before us is defendants' joint motion for leave to appeal the Bankruptcy Court's April 22, 1999 order denying their motion to dismiss the complaint. For the reasons that follow, defendants' motion is denied.

BACKGROUND

On December 18, 1992 Samuel Peltz ("Debtor") filed a voluntary petition in the United States Bankruptcy Court for the Southern...

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