UNITED STATES BANKRUPTCY COURT Sec. 341 (a) Meeting conducted
EASTERN DISTRICT OF NEW YORK October 4, 2001
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In re
Lu Weiping, Case No. 801-86658-288
Chapter 7
Debtor.
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CHAPTER 7 TRUSTEE'S REPORT OF ELECTION
Kenneth Kirschenbaum, interim chapter 7 trustee ("Trustee"), submits his
report of an election following a request for an election of a Chapter 7
Trustee pursuant to U.S.C. Section 702 of Title 11 of the United States
Code ( hereinafter, the "Bankruptcy Code").
BACKGROUND
1. Lu Weiping, ( the "Debtor") filed for protection under chapter 7 of
the Bankruptcy Code on August 30, 2001.
2. On that same date, the Office of the United States Trustee ("United
States Trustee") appointed me as the interim chapter 7 Trustee.
3. The Debtor is an individual who resides in this district.
4. The Sec. 341(a) Meeting of Creditors ("Meeting") was scheduled for
October 4, 2001. The Debtor and his counsel, Morris Wu, Esq. appeared.
5. At the time of the Meeting, I was advised by David Pollack, Esq. and
Lalit Loomba, Esq., from the law firm of Serechuk & Zelermyer, L.L.P (the
"Attorneys")., who represent Bank of China (the "Bank"), the only
creditor scheduled by the Debtor, that the Bank intended to call for a
Sec. 702 election of a trustee in this case.
6. I performed a preliminary examination of the debtor and then I
proceeded to conduct the election.
THE ELECTION
7. In furtherance of same, all of the parties present noted their
appearance for the record.
8. The Bank produced a copy of its proof of claim filed with the Clerk
of the Court, as evidenced by the court stamp of September 21, 2001 and
the Attorneys provided a "General Power of Attorney" executed by Hong Xi
Zhou, Branch Manager for the Bank on September 27, 2001.
9. The Attorneys stated that their nominee as trustee was Barbara
Balaber-Strauss, Esq.
CLAIMS ANALYSIS
10. The only creditor scheduled was the Bank. The claim is listed as
unsecured in the amount of $465,451.49.
CONCLUSION
11. I am filing this report in compliance with the applicable
provisions of the Bankruptcy Code. There appear to be no issues at
controversy.
12. Based on the foregoing, the election of Barbara Balabar-Strauss,
Esq. can be certified.
WHEREFORE, Kenneth Kirschenbaum, interim trustee, hereby submits his
report of election to the Office of the United States Trustee.
Dated: Garden City, New York
October 4, 2001
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Kenneth Kirschenbaum, Interim Trustee