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IN RE RINAUDO

Bankruptcy No. 08-20540. Adversary No. 08-2047.

418 B.R. 42 (2009)

In re Joseph S. RINAUDO (aka Signature, Gold, Inc., dba RE/MAX Gold, aka Rinaudo Development, Inc., dba Signature Management), Debtor. Genesee Regional Bank, Plaintiff, v. Joseph Rinaudo and Signature Gold, Inc. (dba RE/MAX Gold and Rinaudo Development, Inc., dba Signature Management), Defendants.

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

October 27, 2009.

Attorney(s) appearing for the Case

Jason P. Verhagen, Fulton, Friedman & Gullace LLP, Rochester, NY, for Plaintiff.

Walter R. Capell, Davidson Fink Cook Kelly & Galbraith, Rochester, NY, for Defendants.

DECISION & ORDER

JOHN C. NINFO, II, Bankruptcy Judge.

BACKGROUND

On March 11, 2008, Joseph S. Rinaudo (the "Debtor") filed a petition initiating a Chapter 7 case. On the Schedules and Statements required to be filed by Section 521 and Rule 1007, the Debtor indicated that he was indebted to Genesee Regional Bank ("Genesee") in the amount of $115,000.00 (the "Genesee Indebtedness"), based upon his guaranty of a loan that Genesee made to...

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