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IN RE VENTURE MORTGAGE FUND, L.P.

Docket No. 01-5010.

282 F.3d 185 (2002)

In re VENTURE MORTGAGE FUND, L.P., David Schick, Venture Mortgage Corp. and A & D Trading Group, L.L.C. Debtors, Theodore Brodie and Atassco, Appellants, v. John F. Schmutz, as Chapter 11 Trustee for the estate of Venture Mortgage Fund, L.P. and Aurora Cassirer, as Chapter 11 Trustee for the estate of David Schick and Venture Mortgage Corp., Appellees.

United States Court of Appeals, Second Circuit.

Decided March 1, 2002.

Attorney(s) appearing for the Case

Charles L. Mester, The Law Offices of Charles L. Mester, New York, NY, for Appellants.

Eliot Lauer, Curtis, Mallet Prevost, Colt & Mosle LLP, New York, NY, (Lee Stremba, Jenkins & Gilcrist Parker Chapin LLP, on the brief), for Appellee.

Before: MESKILL, JACOBS, Circuit Judges, and LYNCH, District Judge.

JACOBS, Circuit Judge.

Appellants Theodore Brodie and ATASSCO appeal from an order entered in the United States District Court for the Southern District of New York (Berman, J.), affirming the order of the United States Bankruptcy Court for the Southern District of New York (Bernstein, C.J.), expunging under New York's usury laws unsecured claims filed by appellants against the bankrupt estate of Venture Mortgage Fund, L.P. ("Venture Mortgage"). Venture...

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