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IN RE BENNETT FUNDING GROUP, INC.

Bankruptcy No. 96-61376. Adversary No. 96-70154.

367 B.R. 302 (2007)

In re The BENNETT FUNDING GROUP, INC., Debtors. Richard C. Breeden, Trustee of The Bennett Funding Group, Inc., et al., Plaintiff, v. Patrick R. Bennett, Edmund T. Bennett, Kathleen M. Bennett, Michael A. Bennett, Gwen Bennett, Bennett Financial Associates, Bennett Funding of New York, Kenneth P. Kasarjian, Kenton Group, Inc., Charles Genovese, Hemlock Investor Associates, High Mountain Associates, Highwood Investor Associates, Mutual Investors Funding Corporation, Comfort Financial Associates, Comfort Associates, Inc., Olympus Property Management Corporation, Allegro Property & Finance, Inc., Joseph J. Canino, John Does 1-100, M.A. Bennett Associates, Ltd., Hotel Syracuse, Inc., Mahoney Cohen & Company, P.C., Defendants.

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

May 2, 2007.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett LLP (James G. Gamble, Esq., of Counsel), New York, NY, for § 1104 Trustee.

Patrick R. Bennett, Loretto, PA, Pro Se Defendant.

Amy Quandt, Esq.., Trial Attorney, Office of U.S. Trustee, Utica, NY.

Wasserman, Jurista & Stolz, P.C. (Michael Mc Laughlin, Esq., of Counsel), Millburn, NJ, for Official Committee of Unsecured Creditors.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

Before the Court are two motions addressed to the Answer and Counterclaims ("Answer" or "Answer and Counterclaims") filed by Patrick Bennett ("Bennett") to the August 29, 1996 Amended Complaint ("Complaint") filed herein by Richard C. Breeden, Trustee ("Trustee") in the within adversary proceeding.

The Answer, filed on March 23, 2006, contains seven...

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