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IN RE DUNCAN

Bankruptcy No. 02-85792-dte, Adversary No. 02-08406-ess.

331 B.R. 70 (2005)

In re Eugene DUNCAN, Debtor. Elaine L. Chao, Secretary of Labor, United States Department of Labor, Plaintiff, v. Eugene Duncan, Defendant.

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

September 2, 2005.

Attorney(s) appearing for the Case

Office of the Solicitor, New York, By John G. Campbell, Esq., Patricia M. Rodenhausen, Esq., for the U.S. Department of Labor.

Zinker, Gelfand & Herzberg, LLP, Smithtown, By Jeffrey Herzberg, Esq., for Eugene Duncan.

MEMORANDUM DECISION GRANTING THE MOTION FOR SUMMARY JUDGMENT BROUGHT BY THE U.S. DEPARTMENT OF LABOR

ELIZABETH S. STONG, Bankruptcy Judge.

Before the Court is a motion for summary judgment (the "Motion" or the "Motion for Summary Judgment") of Elaine Chao, the Secretary of Labor, United States Department of Labor in this adversary proceeding (the "Adversary Proceeding"). Eugene Duncan (the "Defendant") filed for relief under Chapter 11...

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