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IN RE NIRVANA RESTAURANT INC.

Bankruptcy No. 01-15653 (SMB). Adversary No. 04-3390.

337 B.R. 495 (2006)

In re NIRVANA RESTAURANT INC., Debtor. Kenneth P. Silverman, Esq., as Chapter 7 Trustee of Nirvana Restaurant Inc., Plaintiff, v. Paul's Landmark, Inc., Defendant.

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

February 24, 2006.

Attorney(s) appearing for the Case

Silverman Perlstein & Acampora LLP, Edward M. Flint, Sarah A. Joos, of Counsel, Jericho, NY, for Plaintiff.

Siegel & Siegel, P.C., Michael D. Siegel, of Counsel, New York, NY, for Defendant.

POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

STUART M. BERNSTEIN, Chief Judge.

The plaintiff and chapter 7 trustee of the estate of Nirvana Restaurant Inc. ("Nirvana"), Kenneth P. Silverman, Esq., commenced this adversary proceeding to avoid a guaranty given by Nirvana for the benefit of its affiliate, Landmark Club & Restaurant, Inc. ("Landmark Restaurant"), and to recover the rent payments made in connection with the guaranty. The Court conducted...

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