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IN RE STERN

Bankruptcy No. 01-64025, Adversary No. 02-80040.

288 B.R. 36 (2002)

In re James E. STERN, Debtor. James E. Stern, Plaintiff, v. The Education Resources Institute Inc. & American Student Assistance, Defendants.

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

December 27, 2002.

Attorney(s) appearing for the Case

Carl Worboys, Liverpool, NY, for Debtor.

Whiteman, Osterman & Hanna, Albany, NY, Attorneys for Educational Credit Mgt. Corp., John J. Henry, Of Counsel.

Buchanan Ingersoll, P.C., Buffalo, NY, Attorneys for The Education Resources Institute, Christopher P. Schueller, Of Counsel.

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

STEPHEN D. GERLING, Chief Judge.

Before this Court is an adversary proceeding commenced on February 25, 2002, by James E. Stern ("Debtor") by the filing of a complaint against The Education Resources Institute Inc. ("TERI") and Educational Credit Management Corporation ("ECMC"), as assignee of American Student Assistance ("ASA"),1 (collectively "Defendants")...

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