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IN RE BIRNBAUM

Case No. 11-50359-ess Adv. Pro. No. 12-1011-ess.

513 B.R. 788 (2014)

IN RE: David BIRNBAUM, a/k/a David Guggenheim, a/k/a David B. Guggenheim, a/k/a David Birnbaum Guggenheim, Debtor. Guggenheim Capital, LLC and Guggenheim Partners, LLC, Plaintiffs, v. David Birnbaum, Defendant.

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

Signed July 29, 2014.

Attorney(s) appearing for the Case

Gregory Kopacz, Esq. , McDermott Will & Emery LLP, 340 Madison Avenue, New York, NY 10173, Attorneys for Guggenheim Capital, LLC and Guggenheim Partners, LLC

Ronald D. Coleman, Esq. , Scott D. Simon, Esq. , Goetz Fitzpatrick LLP, One Penn Plaza, Suite 4401, New York, NY 10119, Attorneys for David Birnbaum

Chapter 7

MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT

HONORABLE ELIZABETH S. STONG, UNITED STATES BANKRUPTCY JUDGE

Introduction

Before the Court is the motion of Guggenheim Capital, LLC and Guggenheim Partners, LLC (together, "Guggenheim") seeking summary judgment that the debt owed to them by David Birnbaum, the debtor in this Chapter 7 case, is nondischargeable pursuant to Bankruptcy...

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