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IN RE JAMUNA REAL ESTATE, LLC

Bankruptcy Nos. 04-37130, 04-37132, 04-37136. Adversary Nos. 06-00128, 06-00129, 06-00130.

385 B.R. 127 (2008)

In re JAMUNA REAL ESTATE, LLC, United Management Services, Inc., Bagga Enterprises, Inc., Debtors. Marvin Krasny, In his Capacity as Chapter 7 Trustee of United Management Services, Inc.; Marvin Krasny, In his Capacity as Chapter 7 Trustee of Jamuna Real Estate LLC; Gary Seitz, In his Capacity as Chapter 7 Trustee of Bagga Enterprises, Inc. and FL Receivables Trust 2002-A, Plaintiffs, v. Pratpal Bagga; Khushvinder Bagga; Ravinder Chawla; Hardeep Chawla; Welcome Group, Inc.; K & P Real Estate LLC; World Apparel Products, Inc. d/b/a/ SJM Trading Company, d/b/a Ten Tigers; America Merchandise Co., Inc., a/k/a American Merchandising Co., Inc. 21st Century Restaurant Solutions, Inc.; Brand Trade, Inc.; H.B. Properties, Inc.; H.B. Properties LLP; Sant Properties; John and Jane Does And ABC Companies, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 7, 2008.

Attorney(s) appearing for the Case

George Conway, Esquire, Office of the U.S. Trustee, Philadelphia, PA, for Interested Parties.

Lawrence J. Tabas, Esquire, Obermayer Rebman Maxwell & Hippel, Philadelphia, PA, Patrick E. Fitzmaurice, Esquire, Thatcher Proffit & Wood LLP, White Plains, NY, for Plaintiffs.

Richard M. Simins, Esquire, Jeffrey Carbineau, Esquire, Buchanan Ingersoll & Rooney PC, Philadelphia, PA, Andrew Teitelman, Esquire, Huntingdon Valley, PA, for Defendants.

Opinion

STEPHEN RASLAVICH, Bankruptcy Judge.

Introduction

The Court has issued two prior opinions in this litigation which together set out the operative background facts. Familiarity with them will be presumed and the history will not be presented.1

Summary of Ruling

At this juncture, the Chawla Defendant2 seek summary judgment in their favor as to...

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