IN RE APPONLINE.COM, INC.

Bankruptcy Nos. 800-84686-478, 800-84687-478, 800-85007-478, 800-45195-478 to 801-45202-478. Adversary No. 801-8366-478.

284 B.R. 181 (2002)

In re APPONLINE.COM, INC., et al., Debtors. Prudential Securities Credit Corp., LLC, Plaintiff, v. Stewart Title Guaranty Company, Mortgage.com, Inc., d/b/a Online Capital, Don DeFoor, Esq., Kelly J. Carruth, Pamela Carruth and Larry Q. Koon, Defendants.

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

October 15, 2002.


Attorney(s) appearing for the Case

Thacher Proffitt & Wood, by Jean E. Burke, John P. Doherty, White Plains, NY, for Plaintiff.

White Fleischner & Fino, LLP, by Gil M. Coogler, New York City, for Defendant.

Herrick Feinstein LLP, by Paul Rubin, New York City, for Defendants Stewart Title Guaranty Company, Mortgage.com, Inc. d/b/a Online Capital, Kelly J. Carruth, Pamela Carruth & Larry Q. Coon.

Kramer Levin Naftalis & Frankel, LLP, by P. Bradley O'Neill, New York City, for Alan Jacobs.


MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT

DOROTHY EISENBERG, Bankruptcy Judge.

Before the Court is a motion by the plaintiff, Prudential Securities Credit Corp., LLC ("Prudential" or "Plaintiff"), seeking partial summary judgment against defendant Don DeFoor, Esq. ("DeFoor" or "Defendant") on the grounds of negligence per se based on alleged violation of the Georgia "Good Funds" statute, see Ga.Code Ann. 44-14-13(c). Also pending is...

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