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IN RE TAUBER

Bankruptcy No. 04-63413 JPK, Adversary No. 05-6011.

349 B.R. 540 (2006)

In re Jan Earl TAUBER and Kathy Lee Tauber, Debtors. Buckeye Retirement Properties of Indiana, LLC, Plaintiff, v. Jan Earl Tauber, Defendant.

United States Bankruptcy Court, N.D. Indiana, Hammond Division.

September 6, 2006.

Attorney(s) appearing for the Case

Lambert C. Genetos, Esq., Kopko, Genetos & Retson, L.L.P., Merrillville, IN, for the Plaintiff.

Gordon E. Gouveia, Esq., Gouveia & Associates, P.C., Merrillville, IN, for the Defendant.

MEMORANDUM OF OPINION AND ORDER

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

On July 9, 2004, Jan Earl Tauber, along with his wife Kathy Lee Tauber, filed a petition for relief under Chapter 7 of the United States Bankruptcy Code. Subsequently, on January 20, 2005, Buckeye Retirement Properties of Indiana, ("Buckeye") filed an adversary proceeding against Jan Earl Tauber (the "Debtor"),1

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