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IN RE KOLLEL MATEH EFRAIM, LLC

Bankruptcy No. 04-16410 (SMB). Adversary No. 07-2052.

406 B.R. 24 (2009)

In re KOLLEL MATEH EFRAIM, LLC, a/k/a Mateh Ephraim LLC, a/k/a Kolel Mateh Efraim, Debtor Robert Geltzer, as Chapter 7 Trustee of the Estate of Kollel Mateh Efraim, LLC, a/k/a Mateh Ephraim LLC, a/k/a Kolel Mateh Efraim, Plaintiff, v. Kollel Mateh Efraim, LLC, a/k/a Mateh Ephraim LLC, a/k/a Kolel Mateh Efraim and Kolel Mateh Efraim, Defendant.

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

May 28, 2009.

Attorney(s) appearing for the Case

Robert A. Wolf, Esq. of Counsel, Squire, Sanders & Dempsey L.L.P., New York, NY, for Plaintiff.

Isaac Nutovic, Esq. of Counsel, Nutovic & Associates, New York, NY, for Defendant Kolel Mateh Efraim.

MEMORANDUM DECISION DENYING MOTION TO STRIKE JURY DEMAND

STUART M. BERNSTEIN, Chief Bankruptcy Judge.

The plaintiff seeks a declaratory judgment that the defendant Kolel Mateh Efraim (the "Religious Corporation") is the alter ego of the debtor.1 The Religious Corporation demanded a jury trial, and the plaintiff moved to strike the demand pursuant to FED.R.CIV.P. 39(a)(2), made applicable to this adversary proceeding by...

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