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IN RE FRANCHI EQUIPMENT CO., INC.

No. 09-42782-MSH.

452 B.R. 352 (2011)

In re FRANCHI EQUIPMENT CO., INC., Debtor.

United States Bankruptcy Court, D. Massachusetts, Central Division.

June 29, 2011.

Attorney(s) appearing for the Case

Steven Weiss, Shatz, Swartz and Fenton, P.C., Springfield, MA, for Steven Weiss, Chapter 7 trustee.

Kelly M. Lawson, Office of Solicitor, USDOL, Boston, MA, for Hilda Solis, Secretary, USDOL.

MEMORANDUM OF DECISION ON THE TRUSTEE'S MOTION TO AUTHORIZE PAYMENTS OF CERTAIN EXPENSES FROM 401(K) PLAN ASSETS

MELVIN S. HOFFMAN, Bankruptcy Judge.

This case is before me on the motion of Steven Weiss, Chapter 7 trustee, to authorize payments of certain expenses from the assets of a 401(k) retirement plan. Hilda L. Solis, Secretary of the United States Department of Labor ("DOL"), objects. The Chapter 7 trustee and the DOL disagree as to whether I have...

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