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IN RE EMS FINANCIAL SERVICES, LLC

No. 12-MC-524 (ADS).

491 B.R. 196 (2013)

In re EMS FINANCIAL SERVICES, LLC, Debtor. Kenneth Kirschenbaum, as Trustee for the Estate of EMS Financial Services, LLC, Plaintiff, v. Federal Insurance Company, White Lines Com, LLC, Bruce Pollak and "John Doe #1" through "John Doe #10", defendants being unknown to Plaintiff, the parties intended being any party asserting a claim for coverage under Debtor's errors and omissions insurance policy (Policy Number 8223-2057) issued by Federal Insurance Company, Defendant.

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

April 19, 2013.

Attorney(s) appearing for the Case

Kirschenbaum & Kirschenbaum, P.C., By: Steven B. Sheinwald, Esq. , of Counsel, Garden City, NY, for the Plaintiff.

Tressler LLP, By: Courtney Elizabeth Scott, Esq. , John Collen, Esq. , Mark D. Conzelmann, Esq. , of Counsel, New York, NY, for the Defendant One Penn Plaza.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On March 6, 2012, the Debtor EMS Financial Services, LLC ("EMS") filed a voluntary petition for Chapter 7 bankruptcy in the United States Bankruptcy Court in the Eastern District of New York before United States Bankruptcy Judge Alan S. Trust. On May 30, 2012, the Plaintiff Kenneth Kirschenbaum, Esq., the Chapter 7 Trustee for EMS ("the Trustee"), filed an adversary proceeding against the Defendant...

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