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IN RE ROSS NURSING HOME

Bankruptcy No. 76 B 3478.

2 B.R. 496 (1980)

In re ROSS NURSING HOME, Partnership, Debtor. ROSS NURSING HOME, Partnership, Plaintiff, v. Jean H. TUTHILL, Treasurer, Suffolk County Treasurer's Office, Defendant.

United States Bankruptcy Court, E.D. New York.

January 2, 1980.

Attorney(s) appearing for the Case

Arutt, Nachamie, Benjamin, Lipkin & Kirschner, P.C., New York City, for debtor-plaintiff by Samuel A. Arutt, New York City.

Howard E. Pachman, County Atty., Hauppauge, N.Y., for defendant by John C. Bivona, Asst. County Atty., Huntington, N.Y.

DECISION

BORIS RADOYEVICH, Bankruptcy Judge.

This is an adversary proceeding commenced by the chapter XII debtor in possession ("debtor") against the County of Suffolk ("county") in which the debtor seeks a determination that section 57j of the Bankruptcy Act, 11 U.S.C. § 93(j)(1976), requires the disallowance of penalties and interest charges levied as a result of the debtor's failure to pay certain pre-petition real property taxes.

The undisputed...

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