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IN RE SUPREMA SPECIALTIES, INC.

No. 04 Civ. 7722(GEL).

330 B.R. 40 (2005)

In re SUPREMA SPECIALTIES, INC., et al., Debtors. Jack G. Gaglio and Mathilda McBride, Appellants, v. Kenneth P. Silverman, Esq., Chapter 7 Trustee of Suprema Specialties, Inc., et al., Appellee.

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

June 7, 2005.

Attorney(s) appearing for the Case

David R. Scheidemantle, Sanjay Thapar, Proskauer Rose LLP, New York, New York, for appellants Jack G. Gaglio and Mathilda McBride.

Jay S. Hellman, Silverman Perlstein & Acampora LLP, Jericho, New York, for appellee Kenneth Silverman, Trustee of Suprema Specialties, Inc., and related entities.

OPINION AND ORDER

LYNCH, District Judge.

Jack G. Gaglio and Mathilda McBride, appellants in these consolidated bankruptcy appeals, challenge the entry of default judgments by the Bankruptcy Court, and that Court's subsequent refusal to vacate those judgments. The decision to enter default judgments will be affirmed, but the judgments will be vacated, and the matters remanded for further proceedings with respect to the amount of damages.

BACKGROUND...

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