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IN RE ROSS

Bankruptcy No. 83 B 11757 (PBA).

82 B.R. 241 (1988)

In re Stuart R. ROSS, Debtor.

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

January 25, 1988.

Attorney(s) appearing for the Case

Barrett Smith Schapiro Simon & Armstrong by Frederic W. Parnon, New York City, for Merrill Lynch Futures, Inc.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, pro se.

Fox Glynn & Melamed by John Horan, New York City, for Roger L. DeVille.

Melnicove, Kaufman, Weiner & Smouse, P.A. by Ransom J. Davis, Baltimore, Md., for Richard L. Vogel and Seneca Min. Corp.

Kensington, James & Ressler, New York City, by Stuart M. Bernstein, for various petitioning creditors.

Rudolph W. Guiliani, U.S. Atty., S.D.N.Y. by Sarah Thomas-Gonzalez, Asst. U.S. Atty., New York City.

Robson & Miller by Morton Robson, Kenneth N. Miller, New York City, pro se and for W.L.W. Funding Corp.

Angel & Frankel, P.C. by Bruce Frankel, New York City, for Robson & Miller and W.L.W. Funding Corp.

Stuart R. Ross, pro se.

Harold Jones, New York City, U.S. trustee.

MEMORANDUM DECISION RE ENTRY OF ORDER FOR RELIEF

PRUDENCE B. ABRAM, Bankruptcy Judge:

On December 11 and 18, 1987, this court held a trial on the issue of whether the debtor, Stuart R. Ross ("Debtor" or "Ross"), was generally not paying his debts. See Bankruptcy Code § 303(b)(1). The court had previously found that there were sufficient petitioning creditors. See In re Ross, 63 B.R. 951 (Bankr.S.D.N.Y. 1986).

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