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IN RE KY USA ENERGY, INC.

Bankruptcy No. 10-11424(1)(11). Adversary No. 10-01047.

449 B.R. 745 (2011)

In re KY USA ENERGY, INC., et al., Debtors. The Magdovitz Family Trust, Plaintiffs, v. KY USA Energy, Inc. and Kentucky USA Energy, Inc. and Hilltopper Energy, LLC, Defendants.

United States Bankruptcy Court, W.D. Kentucky, Bowling Green Division.

May 31, 2011.

Attorney(s) appearing for the Case

Magdovitz Family Trust, Belleair Beach, FL, pro se.

Scott A. Bachert, William Codell, Harried Bachert & McGehee PSC, Bowling Green, KY, for Defendants.

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion for Summary Judgment of the Plaintiff Magdovitz Family Trust ("the Trust") and the Motion for Summary Judgment of Defendant Kentucky USA Energy, Inc. ("Debtor"). The Court considered the Motions, Supporting Memoranda of Law and the Responses to each of the Motion for Summary Judgment. For the following reasons, the Court DENIES the Trust's Motion...

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