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IN RE MAGHAZEH

Bankruptcy No. 01-87924-178. Adversary No. 802-8181-478.

310 B.R. 5 (2004)

In re Paul MAGHAZEH, Debtor. Marc A. Pergament, Trustee of the Estate of Paul Maghazeh, Plaintiff, v. Maghazeh Family Trust, Bay Ridge Savings and Loan Association, JPMorgan Chase Bank f/k/a Chemical Bank, H.F. Investors, Inc., Joan R. Addrizzo, M.D., Chitoor Govendarraj, M.D., P.C. Retirement Trust, United States of America, Hamilton Federal Savings and Loan Association, Danmar Management Limited Partnership, Copelco Leasing Corp., General Electric Company, Eaton Financial Corporation, Zimmer, Victor & Bernstein, Nirmala Batheja, the Bank of New York, New York State Department of Taxation and Finance, Cobble Resources, Inc., Defendants.

United States Bankruptcy Court, E.D. New York.

May 6, 2004.

Attorney(s) appearing for the Case

Marc A. Pergament, Garden City, NY, Chapter 7 Trustee.

Larry I. Glick, Garden City, NY, for Defendant.

Bernstein & Schwartz LLP, by Jeffrey Schwartz, New York City, for Cobble Resources, Inc.

Law Offices of Charles Stiene, Mineola, NY, for JP Morgan Chase Bank.

Weinberg Kaley Gross & Pergament, Garden City, NY, for Chapter 7 Trustee.

U.S. Department of Justice, by Bartholomew Cirenza, Bonni J. Perlin, Washington, DC, for United States of America.

Office of the United States Trustee, by Terese Cavanagh, Central Islip, NY, for Eastern District of New York.

Steinberg, Fineo, Berger & Fischoff, PC, by Gary Fischoff, Woodbury, NY, for Debtor.

DECISION ON MOTION AND CROSMOTION FOR SUMMARY JUDGMENT

DOROTHY EISENBERG, Bankruptcy Judge.

The Chapter 7 trustee (the "Trustee") has moved under Rule 56 of the Federal Rules of Civil Procedure and Rule 7056 of the Federal Rules of Bankruptcy Procedure for an order and judgment declaring, inter alia, that a trust set up by the Debtor for the benefit of his two children (the "Maghazeh Trust") is entitled to the remaining net proceeds from the sale...

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