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IN RE FETMAN

Case No. 1-15-43716-nhl.

567 B.R. 702 (2017)

IN RE: Jacob FETMAN aka Yaakov Fetman, Debtor.

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

Signed February 14, 2017.

Attorney(s) appearing for the Case

Bruce Weiner, Esq., Rosenberg, Musso & Weiner LLP, 26 Court Street, Suite 2211, Brooklyn, New York 11242, (718) 855-6840, Attorneys for the Trustee

Jon A. Lefkowitz, Esq., Jon A. Lefkowitz, P.C., 1222 Ave. M Suite 204, Brooklyn, NY 11230, (718) 692-0459, Outgoing Attorneys for Moshe and Yaffa Fetman

Gregory Messer, Esq., Law Offices of Gregory Messer, PLLC, 26 Court Street, Suite 2400, Brooklyn, New York 11242, (212) 785-3041, Incoming Attorneys for Moshe and Yaffa Fetman

Andrew Citron, Esq., Law Offices of Andrew Citron, 110 Wall Street, 11th Floor, New York, New York 10005, (212) 804-5759, Attorneys for Tamar Fetman

David Carlebach, Esq., Law Offices of David Carlebach, Esq., 55 Broadway, Suite 1902, New York, New York 10006, (212) 785-3041, Attorneys for the Debtor

DECISION DENYING CONSTRUCTIVE TRUST AND AUTHORIZING SALE

Before the Court is a rather narrow question: whether a third party's claim of an equitable interest in two pieces of real property, in which a debtor holds legal title, is sufficient to impose a constructive trust, thereby excluding...

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