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IN RE FORMAN ENTERPRISES, INC.

Bankruptcy No. 00-20523-BM. Adversary No. 00-2683-BM.

281 B.R. 600 (2002)

In re FORMAN ENTERPRISES, INC., Debtor. The Official Committee of Unsecured Creditors of Forman Enterprises, Inc., Plaintiff, v. Sam Forman, Lawrence Ashinoff, Brett Forman, Richard Forman, and Wendy Forman, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

August 2, 2002.

Attorney(s) appearing for the Case

Owen W. Katz, and Roman Iwanyshyn, Pittsburgh, PA, Co-Counsel for Carlota M. Bohm.

Carlotta M. Böhm, Houston Harbaugh, P.C., Pittsburgh, PA, Chapter 7 Trustee, Successor Plaintiff.

James L. Weisman, Samuel F. Reynolds, Jr., Weisman, Goldman, Bowen & Gross, LLP, Pittsburgh, PA, for Forman Defendants.

Philip E. Beard, N. Beaumont Beard, Stonecipher, Cunningham, Beard & Schmitt, P.C., Pittsburgh, PA, for Lawrence Ashinoff.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee seeks in this adversary action to recover tax refunds defendants as shareholders of an S corporation have received (or expect to receive) as a result of their carrying back a net operating loss (hereinafter "NOL") suffered by the S corporation to income taxes paid in previous years. Recovery is based on theories of unjust enrichment, breach of fiduciary duty and impermissible...

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