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IN RE MINOR

No. 09-12095 B.

443 B.R. 282 (2011)

In re Ciara MINOR, Debtor.

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

February 24, 2011.

Attorney(s) appearing for the Case

Bulan & Chiari, Horwitz & Ilecki, LLP, Harold P. Bulan, Esq. , of counsel, Buffalo, NY, for the Chapter 7 Trustee.

Bergen & Schiffmacher, LLP, Joseph R. Bergen, Esq. , of counsel, Buffalo, NY, Special Counsel for the Chapter 7 Trustee.

Dennis Gaughan, Esq. , Hamburg, NY, for Debtor.

REVISED DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The Chapter 7 trustee seeks authorization to settle claims to the proceeds of personal injury litigation. In particular, he proposes to pay sums purportedly due under a pre-settlement finance agreement and to surcharge the debtor's exemption for a portion of that payment. The instant motion presents issues regarding the enforceability of the finance agreement, both under state law and in the...

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