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IN RE WAITS

Bankruptcy No. 86 B 20579.

70 B.R. 591 (1987)

In re John WAITS, Debtor.

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

March 4, 1987.

Attorney(s) appearing for the Case

Walker, Walker & Kapiloff, P.C. (Edward R. Walker, of counsel), New York City, for Rose Const. Co., Inc.

Jules Teitelbaum, P.C. (Miriam Teitelbaum, of counsel) New York City, for trustee in bankruptcy of W & G. Smyrna, Inc. and Commonwealth Development Corp.

Barr and Faerber, (Joseph Haspel, of counsel) Spring Valley, N.Y., for debtor.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Rose Construction Company, Inc. ("Rose") a creditor of this Chapter 11 debtor, has moved pursuant to 28 U.S.C. §§ 1406 and 1412 for an order transferring the venue of this case to the Bankruptcy Court for the Western District of Kentucky. The debtor opposes the motion on the ground that venue is proper pursuant to 28 U.S.C. § 1408(2) because a partnership of which the debtor is a general partner, and a corporation...

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