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07-3083 - Pergament v. DeRise


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07-3083 - Pergament v. DeRise
March 27, 2008
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MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, the Court finds that the Bankruptcy Court erred in refusing to consider the exhibits deemed previously admitted at trial and, therefore, REVERSES the May 4, 2007 Memorandum and Order and REMANDS the case to the Bankruptcy Court for further proceedings consistent with this Memorandum and Order. Specifically, the Bankruptcy Court should consider the exhibits that parties wished to introduce at trial in the JPTS (if they are, in fact, part of a stipulation) or, in the alternative, re-open the trial so that the parties can call the appropriate witnesses to properly introduce such exhibits. In addition, the Court concludes as a matter of law that the Bankruptcy Court did not commit legal error in considering the Debtor's lack of financial sophistication as a factor in determining fraudulent intent. Thus, the Bankruptcy Court is permitted to again consider that factor on remand. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/27/08. (Totino, MaryAnn)