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IN RE SMITH

Bankruptcy No. 08-2018REF. Adversary Nos. 08-2014, 08-2040.

401 B.R. 674 (2009)

In re Laurie D. SMITH f/d/b/a D & L Contractors, Debtor. Laurie D. Smith, Plaintiff v. Bradley Botzet, Defendant. Bradley Botzet, Plaintiff v. Laurie D. Smith, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 10, 2009.

Attorney(s) appearing for the Case

George M. Lutz, Case, Digiamberardino & Lutz, P.C., Wyomissing, PA, for Laurie Smith.

MEMORANDUM OPINION

RICHARD E. FEHLING, Bankruptcy Judge.

I. INTRODUCTION

Bradley Botzet was an employee of the construction company in which Debtor, Laurie D. Smith, was a partner with her now deceased husband. Mr. Botzet was seriously injured while working for the partnership. Most unfortunately, Debtor and her husband had no workers' compensation insurance. Pursuant to Pennsylvania law, Mr. Botzet was able to have a

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