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MATTER OF SMITH AVE. CONTRACTORS, INC.

Bankruptcy No. 86-00697.

59 B.R. 137 (1986)

In the Matter of SMITH AVENUE CONTRACTORS, INC., a corporation of the State of New Jersey, Debtor.

United States Bankruptcy Court, D. New Jersey.

March 20, 1986.

Attorney(s) appearing for the Case

Shapiro & Shapiro by Robert P. Shapiro, Hackensack, for debtor.

John P. Libretti, Hackensack, for Emanuel and Margaret Scoccimarro.

OPINION and ORDER

D. JOSEPH DeVITO, Bankruptcy Judge.

This matter deals with an order to show cause why an interim trustee should not be appointed. Upon reviewing the proceeding, the application is dismissed without prejudice.

The ratio decidendi herein is straightforward. The moving parties filed this involuntary petition pursuant to 11 U.S.C. § 303[b][2], which holds that a petition may be filed against the debtor where there are fewer...

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