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IN RE GILBERT

Bankruptcy Case No. 21-12725. Adversary No. 22-1005.

642 B.R. 687 (2022)

IN RE: Eric S. GILBERT, Debtor. John M. McDonnell, Plaintiff, v. Eric S. Gilbert, Defendant.

United States Bankruptcy Court, D. New Jersey.

Entered August 23, 2022.

Attorney(s) appearing for the Case

Counsel for Movant — Debtor/Defendant, Eric S. Gilbert, Andrea Dobin, Esquire, Michele M. Dudas, Esquire, McManimon Scotland & Baumann, LLC, 427 Riverview Plaza, Trenton, NJ 08611.

Counsel for Plaintiff, John M. McDonnell, Richard J. Corbi, Esquire, Law Office of Richard J. Corbi, PLLC, 1501 Broadway, 12th Floor, New York, NY 10036, Brian Thomas Crowley, Esquire, McDonnell Crowley, LLC, 115 Maple Avenue, Red Bank, NJ 07701.

MEMORANDUM OPINION

The question before the court in this adversary proceeding is whether the Chapter 7 trustee can use the funds in the Debtor's retirement account to pay creditors. Eric S. Gilbert filed a Chapter 7 bankruptcy petition on April 1, 2021. In that petition, he listed his...

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