Docket No. 03 B 10966 (AJG), Adv. Pro. No. 03 B 93821(AJG).United States Bankruptcy Court, S.D. New York.
January 5, 2006
Michael L. Moskowitz (MM4202), Richard E. Weltman (RW3169), Michele K. Jaspan (MJ1737), WELTMAN MOSKOWITZ, LLP, New York, New York, Attorneys for United Nations Federal Credit Union.
ORDER GRANTING PARTIAL SUMMARY JUDGMENT REGARDING OBJECTION TO DISCHARGEABILITY OF DEBT UNDER 11 U.S.C. § 523(a)(2)(A) REGARDING SECOND CLAUSE OF ACTION
ARTHUR GONZALEZ, Bankruptcy Judge
APPLICATION HAVING BEEN MADE by Plaintiff requesting summary judgment of the First, Second, Third and Fifth causes of action contained in Plaintiff’s Complaint (“Motion”), and a hearing to the Motion having been held on June 30, 2004; and Plaintiff, United Nations Federal Credit Union, having appeared by its counsel, Weltman Moskowitz, LLP, Michael L. Moskowitz, Esq., of counsel, in support of the Motion; and debtor, Mohammed Z. Ashri (“Defendant”) having appeared pro se, in opposition to the Motion, and this court having issued its written opinion, denying in part, and granting in part, the Motion, by order dated December 16, 2005; it is
ORDERED that the Motion is denied on the First Cause of Action contained in the Complaint with
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respect to excepting from discharge the debt owed to Plaintiff in the sum of $95,583.39, plus interest, reasonable attorneys fees and costs of collection pursuant to section 523(a)(2)(A); and it is further
ORDERED that Plaintiff’s Motion is denied on the Third Cause of Action contained in the Complaint with respect to denying Defendant’s discharge pursuant to section 727(a)(2)(A) and (B) of the Bankruptcy Code; and it is further
ORDERED that Plaintiff’s Motion is denied on the Fifth Cause of Action contained in the Complaint with respect to denying Defendant’s discharge pursuant to section 727(a)(4)(A) of the Bankruptcy Code; and it is further
ORDERED that Plaintiff’s Motion on the Second Cause of Action contained in the Complaint pursuant to section 523(a)(2)(A) of the Bankruptcy Code be, and hereby is, granted; and it is further
ORDERED that Plaintiff be, and hereby is, granted a money judgment in the sum of $25,909.09 on the Second Cause of Action against Mohamed Ashri, 865 First Avenue, Apartment 8A, New York, New York 10017; and it is further
ORDERED that Plaintiff waives its right to a hearing on the amount of interest, attorney’s fees and costs attributable to the non dischargeable number now contained in the Second Cause of Action.
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