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IN RE HECHINGER INVESTMENT CO. OF DELAWARE, INC.

Bankruptcy No. 99-02261(PJW), Adversary No. 01-2841.

299 B.R. 340 (2003)

In re HECHINGER INVESTMENT COMPANY OF DELAWARE, INC., et al., Debtors. Hechinger Liquidation Trust, as successor in interest to Hechinger Investment Company of Delaware, Inc., et al., Debtors in Possession, Plaintiff, v. Parmod Monga, Defendant.

United States Bankruptcy Court, D. Delaware.

September 4, 2003.

Attorney(s) appearing for the Case

Deborah C. Sellis, Smith, Katzenstein & Furlow LLP, Wilmington, DE, Douglas C. Meister, Meyers, Rodbell & Rosenbaum, P.A., Riverdale, MD, Counsel for Defendant Parmod Monga.

John T. Carroll, III, Cozen O'Connor, Wilmington, DE, Joseph L. Steinfeld, Jr., Judith Seeds Miller, ASK Financial, Tarzana, CA, Co-Counsel to Plaintiff, Hechinger Liquidation Trust, As successor in interest to Hechinger Investment Company of Delaware, Inc., et al., Debtors in Possession.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to defendant Parmod Monga's ("Monga") motion for summary judgment (Doc. # 14). Monga filed his motion seeking to prevent plaintiff Hechinger Liquidation Trust ("Debtor") from avoiding and recovering a security deposit returned to Monga pre-petition. For the reasons set forth below, I will deny Monga's motion.

BACKGROUND

On January 29, 1999, Monga, as lessee...

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