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IN RE SHADOW BAY APARTMENTS, LTD.

Bankruptcy No. 2-90-00434.

157 B.R. 363 (1993)

In re SHADOW BAY APARTMENTS, LTD., Debtor.

United States Bankruptcy Court, S.D. Ohio, E.D.

April 15, 1993.

Attorney(s) appearing for the Case

Thomas I. Blackburn, John Andrew Merkle, Buckley, King & Bluso, Columbus, OH, for debtor.

Charles M. Caldwell, Office of the U.S. Trustee, Columbus, OH.

William B. Logan, Luper, Wolinetz, Sheriff & Neidenthal, Columbus, for First Federal Sav. Bank, Marianna, FL.

Carol Stebbins, Gen. Counsel, Cardinal Realty Services, Inc., Reynoldsburg, OH, Leon Friedberg, Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, for Cardinal Realty Services, Inc.

OPINION AND ORDER DENYING CONFIRMATION OF CHAPTER 11 PLAN

BARBARA J. SELLERS, Bankruptcy Judge.

Shadow Bay Apartments, Ltd. ("Shadow Bay") has requested the Court to confirm its First Amended Plan of Reorganization ("Plan"). Although no objections were filed to the Plan, the Court has a mandatory duty under 11 U.S.C. § 1129 to ensure that all elements of confirmation have been met. For the reasons which follow, the Court finds that the Plan proposed...

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