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IN RE MONAHAN FORD CORP. OF FLUSHING

Bankruptcy No. 02-23134-608. Adversary No. 04-01500-608.

340 B.R. 1 (2006)

In re MONAHAN FORD CORPORATION OF FLUSHING, Debtor. Alan Nisselson, Esq., as Chapter 7 Co-Trustee of Monahan Ford Corporation of Flushing, Plaintiffs, v. Ford Motor Company, Ford Motor Credit Company, George Papantoniou a/k/a/ George Pappas, Kay Papantoniou, Gadi Ben-Hamo, National Star Executive Sales, LLC, Jossef Kahlon, Samuel Goldstein & Co., P.C., Stuart Goldstein and Steve Leon, Defendants.

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

March 20, 2006.

Attorney(s) appearing for the Case

Regina Griffin, Howard L. Simon, Brauner Baron Rosenzweig & Klein, LLP, New York City, for Plaintiff.

Michael J. Levin, Barger & Wolen, LLP, New York City, for Ford Motor Company.

Jennifer Rubin, Sutherland, Asbil & Brennan, LLP, Atlanta, GA, for Ford Motor Company.

Byron L. Friedman, Wilson Elser Moskowitz Edelman & Dicker, White Plains, NY, for Ford Motor Credit Company.

Ronald S. Herzog, Snow Becker Krauss, P.C., New York City, for Goldstein and Goldstein & Co.

DECISION

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before the court on the motions of defendants Ford Motor Company ("Ford"), Ford Motor Credit Company ("FMCC"), Samuel Goldstein & Co. and Stuart Goldstein to dismiss this adversary proceeding, which was commenced by Alan Nisselson, the co-trustee ("trustee") of Monahan Ford Corporation of Flushing ("Monahan Ford" or "debtor"). The moving defendants argue that the trustee does not have...

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