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IN RE BRUNO

Bankruptcy Nos. 02-12988 K, 03-14821 K, Adversary Nos. 05-1255 K, 06-1001 K.

356 B.R. 89 (2006)

In re Elio BRUNO, Debtor. Elio Brune, Plaintiff v. First USA Bank, N.A., Defendant. In re Gail M. Banas, Michael W. Banas, Debtor. Michael W. Banas and Gail M. Banas, Plaintiffs, v. Peoples National Bank, JP Morgan Chase Bank, Defendants.

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

October 31, 2006.

Attorney(s) appearing for the Case

Kenneth R. Hiller, Amherst, NY, Attorney for Plaintiffs.

Thomas E. Stagg, Jacqueline M. Della Chien., Esq., Simmons, Jonnace & Stagg, LLP, Syosset, NY, Attorney for JP Morgan Chase.

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

These two Adversary Proceedings, involving different Debtors, have been consolidated for hearing and decision because they present identical issues and the same Defendant. The Defendant has moved to dismiss and the Debtors have opposed.

Although the facts are not exactly "stipulated," it appears from the submissions that there is no material dispute.

For ease of expression, the...

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