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IN RE KUMMERFELD

Bankruptcy No. 09 B 16267 (AJG). Adversary No. 10-2841 (AJG).

444 B.R. 28 (2011)

In re Donald David KUMMERFELD, Debtor. Cordius Trust, Plaintiff, v. Donald David Kummerfeld, Defendant.

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

January 13, 2011.

Attorney(s) appearing for the Case

Robinson & Cole LLP, By: Bradford S. Babbitt, Esq. , Hartford, CT, for the Cordius Trust.

McCallion & Associates LLP, By: Kenneth F. McCallion, Esq. , New York, NY, for Mr. Kummerfeld.

OPINION CONCERNING MOTION FOR SUMMARY JUDGMENT

ARTHUR J. GONZALEZ, Chief Judge.

The issue presented concerns whether a debt based upon a judgment that results from a settlement that arises out of a securities fraud violation is nondischargeable against a debtor in bankruptcy when that debtor is derivatively liable for the debt as a control person of the corporation that is liable for the judgment.

As a preliminary matter, it is settled case law that...

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