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IN RE JEZIORSKI

Bankruptcy No. 06-02633 CLB. Adversary No. 08-01072 CLB.

428 B.R. 18 (2010)

In re Robert A. JEZIORSKI, Debtor. John H. Ring, III, as Trustee in Bankruptcy for Robert A. Jeziorski, Plaintiff v. Robert A. Jeziorski, Colello & Company, LLC, Defendants.

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

March 25, 2010.

Attorney(s) appearing for the Case

Lawrence C. Brown, Esq., Buffalo, NY, for Plaintiff-Trustee.

Allithea E. Killeen, Esq., Boston, NY, for Colello & Company, LLC.

DECISION & ORDER

BUCKI, Chief Judge.

In this Adversary Proceeding, the Chapter 7 trustee seeks to avoid a mortgage that secures an allegedly usurious obligation. The central issue of this dispute involves' whether the usury law of New York applies to avoid not only an outstanding note, but also the underlying obligation that served as consideration for that note.

Robert A. Jeziorski was the principal owner of corporations that operated...

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