IN RE KEPLINGER

No. 1:02-CV-0111.

284 B.R. 344 (2002)

In re Robert W. KEPLINGER and Evelyn M. Keplinger, Debtors. Nathan M. Goldberg, Trustee, Plaintiff/Appellant, v. Michael Such, d/b/a Security & Such, Defendant/Appellee.

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

October 7, 2002.


Attorney(s) appearing for the Case

Goldberg & Gottheim, Nathan M. Goldberg, of counsel, Albany, NY, for Nathan Goldberg.

Kriss, Kriss, Brignola Persing, LLP, Dominick J. Brignola, of counsel, Albany, NY, for Michael Such.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Appellant Nathan M. Goldberg, (the trustee in the underlying Chapter 7 bankruptcy proceeding) ("Trustee"), appeals the November 15, 2001, Memorandum, Decision & Order of the Bankruptcy Court finding that the Trustee failed to present sufficient evidence to carry his burden of demonstrating that a pre-bankruptcy petition payment to Appellee Michael Such...

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