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IN RE BIRDNECK APARTMENT ASSOCIATES, II, L.P.

Bankruptcy No. 91-23164-T.

152 B.R. 65 (1993)

In re BIRDNECK APARTMENT ASSOCIATES, II, L.P., Debtor.

United States Bankruptcy Court, E.D. Virginia, Norfolk Division.

March 16, 1993.

Attorney(s) appearing for the Case

Frank J. Santoro, Marcus, Santoro & Kozak, Portsmouth, VA, for debtor.

Richard J. Martin, Winstead Sechrest & Minick, P.C., Washington, DC, for Potomac Equity Portfolio L.P.

James Thomas Lloyd, Jr., Office of the U.S. Trustee, Norfolk, VA.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Potomac Equity Portfolio Limited Partnership filed a motion to vacate the order of confirmation of the debtor's amended chapter 11 plan which had been entered by the court on November 5, 1992. Following an evidentiary hearing held on March 4, 1993, the court granted the motion from the bench.

This opinion supplements the court's bench ruling on a single issue, that failure

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