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IN RE JACOBOWITZ

Bankruptcy No. 02-36440 (CGM), Adversary No. 02-7009.

296 B.R. 666 (2003)

In re Herman JACOBOWITZ, Debtor. The Cadle Company, Plaintiff, v. Herman Jacobowitz, Defendant.

United States Bankruptcy Court, S.D. New York, Poughkeepsie Division.

August 11, 2003.

Attorney(s) appearing for the Case

Lillian S. Weigert, Gellert & Cutler, P.C., Poughkeepsie, NY, for Plaintiff.

Joseph J. Haspel, Goshen, NY, for Defendant.

MEMORANDUM AND DECISION ON MOTION FOR SUMMARY JUDGMENT PURSUANT TO 11 U.S.C. § 727(a)(3)

CECELIA G. MORRIS, Bankruptcy Judge.

I. INTRODUCTION

On June 18, 2002, Herman Jacobowitz ("Jacobowitz") filed a voluntary petition under Chapter 7 of Title 11 of the United States Bankruptcy Code. On October 30, 2002, the Cadle Company ("Cadle"), based in Newton Falls, Ohio, commenced an adversary proceeding against Jacobowitz seeking judgment...

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