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IN RE CERON

Bankruptcy No. 04-25876-ess. Adversary No. 08-1277-ess.

412 B.R. 41 (2009)

In re Carl CERON, Debtor. First Services Group, Inc., Plaintiff, v. Richard E. O'Connell, as Chapter 7 Trustee of the Estate of Carl Ceron, Defendant.

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

September 1, 2009.

Attorney(s) appearing for the Case

C. Nathan Dee, Cullen & Dykman LLP, Garden City, NY, Attorneys for First Services Group, Inc.

Samuel E. Kramer, New York, NY, Attorneys for Richard E. O'Connell as Chapter 7 Trustee.

MEMORANDUM DECISION ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

ELIZABETH S. STONG, Bankruptcy Judge.

This adversary proceeding was commenced by the filing of a complaint (the "Complaint") by First Services Group, Inc. ("FSG"), a creditor of Carl Ceron, against Richard E. O'Connell, the Chapter 7 Trustee (the "Trustee") of the estate of Carl Ceron (the "Debtor"), to recover the surplus proceeds (the "Funds") that remain from the...

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