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IN RE AUGIE/RESTIVO BAKING CO., LTD.

Bankruptcy Nos. 086-60208-21, 086-60262-21.

87 B.R. 242 (1988)

In re AUGIE/RESTIVO BAKING COMPANY, LTD., Augie's Baking Company, Ltd., Debtors.

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

March 3, 1988.

Attorney(s) appearing for the Case

Sanford P. Rosen, New York City, for debtors.

Dewey, Ballantine, Bushby, Palmer & Woods, New York City, by Ronald L. Cohen, for Creditors Committee.

Stroock, Stroock & Lavan, New York City, by Daniel H. Golden, for Manufacturers Hanover Trust Co.

Pinks, Brooks, Stern & Arbeit, Hauppauge, N.Y., by Steven G. Pinks, for Union Sav. Bank.

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

The Union Savings Bank ("Union") is moving to compel the "debtor-in-possession" to bring an action to set aside as a fraudulent conveyance a mortgage given on April 19, 1985 by Augie's Baking Company, Ltd. ("Augies") to Manufacturers Hanover Trust Company ("MHTC").1 Alternatively, Union seeks an order authorizing it to institute such an action on behalf of the creditors of Augie's or...

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