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IN RE FOREST HILLS ASSOCIATES

Bankruptcy No. 82 B 12282, Adv. No. 83-5434A.

40 B.R. 410 (1984)

In re FOREST HILLS ASSOCIATES, a New York Limited Partnership, Debtor. Robert LEVY, Stonetree Holding, Inc., and Mehl-Cedar Co., Inc., Plaintiffs, v. FOREST HILLS ASSOCIATES, Defendant.

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

May 21, 1984.

Attorney(s) appearing for the Case

Kensington, James, Ressler & Taub, New York City, for debtor; by Howard D. Ressler, New York City, of counsel.

Stroock & Stroock & Lavan, New York City, for Creditors Committee; by John F. Scheffel, New York City, of counsel.

Finkel, Goldstein & Berzow, New York City, for Robert Levy; by Harold Berzow, New York City, of counsel.

BURTON R. LIFLAND, Bankruptcy Judge.

This matter is before the court on the motion for summary judgment filed by Forest Hills Associates ("Forest Hills"), the debtor herein, pursuant to Federal Rule of Civil Procedure 56 and Bankruptcy Rule 7056, and the cross-motion for summary judgment filed by Robert Levy, Stonetree Holding, Inc., and Mehl-Cedar Co., Inc. (collectively "Mehl-Cedar"). The issue presented is whether a debtor is bound, under section 1124 of the Bankruptcy...

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