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IN RE HIRSCH

Bankruptcy No. 1-02-17966-dem, Adversary No. 1-05-01183-dem.

351 B.R. 291 (2006)

In re Benjamin HIRSCH, Debtor. Benjamin Hirsch, Plaintiff, v. Department of the Treasury-Internal, Revenue Service, Defendant.

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

September 27, 2006.

Attorney(s) appearing for the Case

Beth E. Spickler, Esq., Stein Riso Mantel, LLP, New City, NY, Joseph J. Haspel, Esq., Goshen, NY, for Debtor/Plaintiff.

Bonni J. Perlin, Esq., Trial Attorney, U.S. Department of Justice, Tax Division, Civil Trial Section, Northern Region, Washington, D.C., for Defendant.

Gary Kushner, Esq., Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP, Mineola, NY, for Nachama Hirsch.

David Carlebach, Esq., New York, NY, for the Torah Academy High School of Brooklyn.

Paul I. Krohn, Esq., Brooklyn, NY, for Receiver.

Linda A. Riffkin, Esq., Trial Attorney, Office of the United States Trustee, Brooklyn, NY.

DECISION AND ORDER UPON VALUATION HEARING

DENNIS E. MILTON, Bankruptcy Judge.

On or about June 26, 2002 (the "petition date"), Benjamin Hirsch ("Hirsch") filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On October 24, 2002, the United States Internal Revenue Service (the "IRS") filed a proof of claim in this bankruptcy case asserting a secured claim of $912,942.82 (the "IRS Proof of Claim"). On or about April 5, 2005, Hirsch...

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