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MATTER OF COLONIAL REALTY CO.

Bankruptcy No. 2-90-01980.

134 B.R. 1017 (1991)

In the Matter of COLONIAL REALTY COMPANY, Jonathan Googel, Benjamin Sisti, Consolidated Debtors.

United States Bankruptcy Court, D. Connecticut.

December 24, 1991.

Attorney(s) appearing for the Case

John R. Mallin, Annamarie DiBartolo, Cynthia A. Jaworski, Corcoran, Mallin & Aresco, P.C., Hartford, Conn., and D. Michael Tranum, and Mark M. Sadlon, East Hartford, Conn., for Federal Deposit Ins. Corp.

Hal M. Hirsch, Gainsburg & Hirsch, Purchase, N.Y., for trustee in bankruptcy-movant.

Honor S. Heath, Attorney/Advisor, U.S. Trustee's Office, New Haven, Conn.

Michael P. Richman, Mayer, Brown & Platt, New York City, for Merrill Lynch Private Resources, creditor.

Barry S. Feigenbaum, Rogin, Nassau, Caplan, Lassman & Hirtle, Hartford, Conn., for Citybank, N.A., creditor.

Stuart Bear, Zeldes, Needle & Cooper, Bridgeport, Conn., for Benjamin Sisti, Helen L. Sisti, Kevin Sisti, Panda Angel, Inc., Martin Marina Corp., Southern Ties, Inc. and Cohen, Cohn & Silverman, P.A.

MEMORANDUM OF DECISION RE: MOTION OF TRUSTEE TO ENFORCE "SECTION 362 STAY AGAINST THE FDIC"

ROBERT L. KRECHEVSKY, Chief Judge.

I.

On December 16, 1991, following a duly-noticed hearing, this court entered an oral ruling in which the court concluded that the Federal Deposit Insurance Corporation (FDIC) was in violation of the automatic stay provisions of 11 U.S.C. § 362(a) when it commenced and continued to prosecute a fraudulent conveyance action...

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