MATTER OF NOONAN

No. 81-B-11263.

17 B.R. 793 (1982)

In the Matter of Robert A. NOONAN, p/k/a Willie Nile, and d/b/a Victoria Falls Music, and Lake Victoria Productions, Debtor.

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

February 22, 1982.


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City, for debtor; by Lewis Kruger, Alan Kolod and Mark Speiser, New York City, of counsel.

Skadden, Arps, Slate, Meagher & Flom, New York City, for Arista Records, Inc.; by Michael L. Cook and Herbert F. Kozlov, New York City, of counsel.


OPINION

ROY BABITT, Bankruptcy Judge:

On its motion to convert the debtor's voluntary chapter 7 case to an involuntary chapter 11 case,1 the moving creditor invites this court to come up with a square holding in its favor on nice, round, undisputed facts. The court must decline the invitation and rule for the debtor as a round hole cannot accept the square peg which sets this case apart from others fitting more snugly into the...

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