Louis Wein and Mary Ann Wein

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
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In re: 	Case No.: 1-05-13769-jbr
LOUIS and MARY ANN WEIN, 	Chapter 7
Debtors.
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DECISION AND ORDER ON DECISION ON TRUSTEE’S MOTION TO
COMPROMISE CONTROVERSY AND APPLICATION FOR COMPENSATION
WHEREAS, on March 18, 2005, Lois Wein and Mary Ann Wein (the “debtors”) filed for
voluntary relief under Chapter 7 of the Bankruptcy Code; and
WHEREAS, the debtors received their discharge on July 25, 2005; and
WHEREAS, on May 8, 2009, the Chapter 7 Trustee filed a Motion to Compromise
Controversy (A) Approving Personal Injury Settlement and (B) Authorizing Trustee to Pay
Claim of Lienholder (Docket No. 26) (“Motion to Compromise Controversy”), and an
Application for Compensation for O’Leary & Spero as Special Personal Injury Counsel to
Trustee (Docket No. 27) (“Application for Compensation”); and
WHEREAS, the debtors objected to the Motion to Compromise Controversy and the
Application for Compensation (Docket No. 38 and No. 39); and
WHEREAS, on June 3, 2010, July 20, 2010 and July 30, 2010, the Court held evidentiary
hearings and listened to final arguments on the Trustee’s motions; and
UPON the due consideration of the arguments of counsel, the testimony of witnesses, and
an examination of the papers submitted into evidence; it is hereby
ORDERED, that for the reasons set forth orally on the record on August 20, 2010, the
Trustee’s Motion to Compromise Controversy (Docket No. 26) is hereby denied; and it is
Case 1-05-13769-nhl Doc 63 Filed 08/20/10 Entered 08/20/10 16:00:55

ORDERED, that the Trustee’s Application for Compensation (Docket No. 27) is
determined to be moot; and
The Court further requests that the Administrative Judge in the New York State System
restore the personal injury case to the trial list for as prompt a trial as possible.
Dated: Brooklyn, New York
August 20, 2010
s/ Joel B. Rosenthal
HON. JOEL B. ROSENTHAL
United States Bankruptcy Judge
Case 1-05-13769-nhl Doc 63 Filed 08/20/10 Entered 08/20/10 16:00:55