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IN RE YERUSHALMI

Bankruptcy No. 807-72816-reg. Adversary No. 809-8003-reg.

487 B.R. 98 (2012)

In re Joseph YERUSHALMI, Debtor. Marc A. Pergament, Chapter 7 Trustee of Trustee of the Estate of Joseph Yerushalmi, Plaintiff, v. Malka Yerushalmi, Joseph Yerushalmi and Malka Yerushalmi as Trustees for September 7, 1995 Qualified Personal Residence Trust, Defendants.

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

November 19, 2012.

Attorney(s) appearing for the Case

Marc A. Pergament , Weinberg Gross & Pergament LLP, Garden City, NY, for Plaintiff.

Rachel P. Corcoran , Salvatore LaMonica , Shannon Anne Scott , LaMonica Herbst & Maniscalco LLP, Wantagh, NY, Gary M. Kushner , Goetz Fitzpatrick LLP, New York, NY, Thomas J. McGowan , Meltzer Lippe Goldstein & Breitstone, Mineola, NY, for Defendants.

MEMORANDUM DECISION

(Re: Defendants' Motions for Summary Judgment)

ROBERT E. GROSSMAN, Bankruptcy Judge.

Before the Court are the Defendants' motions for summary judgment pursuant to Fed.R.Civ.P. 56(c), and Fed. R. Bankr.P. 7056. The chapter 7 trustee has filed this adversary proceeding seeking a declaratory judgment under sections 541 and 542 of the Bankruptcy Code. He claims that a qualified personal residence trust established by the...

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