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IN RE FIDELITY MORTG. INVESTORS

No. 81 Civ. 0544 (KTD).

16 B.R. 477 (1981)

In re FIDELITY MORTGAGE INVESTORS, Debtor. LIFETIME COMMUNITIES, INC., Appellant, v. The ADMINISTRATIVE OFFICE OF the UNITED STATES COURTS, Appellee.

United States District Court, S.D. New York.

December 17, 1981.

Attorney(s) appearing for the Case

Levy & Erens, Chicago, Ill., for appellant; Theodore L. Freedman, James M. Lawniczak, Chicago, of counsel.

Kenneth Singer, Jacksonville, Fla., Vice President/Gen. Counsel Lifetime Communities, Inc.

Lumbard & Phelan, New York City, for appellant; Eliot Lumbard, New York City, of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for appellee; Stuart M. Bernstein, Asst. U.S. Atty., New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Fidelity Mortgage Investors ["FMI"] filed a petition for an arrangement under Chapter XI of the Bankruptcy Act on January 30, 1975. Pursuant to the Confirmation Order entered on January 4, 1978, FMI was merged into a newly formed corporation called Lifetime Communities, Inc. ["Lifetime"], which assumed all of FMI's assets and liabilities. Under Section 40(c)(2) of the Bankruptcy Act, 11 U.S.C. &...

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