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IN RE ALBION DISPOSAL, INC.

Bankruptcy Nos. 91-12805 M to 91-12807 M, 91-12889 M and 91-12878 M, Adv. No. 91-1333 K.

152 B.R. 794 (1993)

In re ALBION DISPOSAL, INC., Debtor. In re I & J DISPOSAL OF WESTERN NEW YORK, INC., Debtor. In re J & I DISPOSAL, INC., Debtor. In re 11372 MAIN STREET, INC., Debtor. In re ORLEANS SANITARY LANDFILL, INC., Debtor. Craig A. SLATER, as Trustee of Albion Disposal, Inc., I & J Disposal of Western New York, Inc., J & I Disposal, Inc., 11372 Main Street, Inc., and Orleans Sanitary Landfill, Inc., Plaintiffs, v. John M. SMITH and Irene M. Smith, SSWS, Inc., Defendants.

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

March 18, 1993.

Attorney(s) appearing for the Case

Jack L. Getman, Goldman, Costa, Getman & Biryla, Raymond L. Fink, Saperston & Day, P.C., Buffalo, NY, for trustee Craig A. Slater.

John J. Hurley, Paul K. Stecker, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, for SSWS, Inc.

Carl L. Bucki, Cohen, Swados, Wright, Hanifen, Bradford & Brett, Buffalo, NY, for John Smith.

PART ONE. INTRODUCTION

MICHAEL J. KAPLAN, Chief Judge.

In August of 1991, these Debtor corporations filed for relief under Chapter 11 of the Bankruptcy Code claiming millions of dollars of debt. Shortly thereafter, bidders amassed seeking to acquire the Debtors' assets (principally a licensed sanitary landfill, trash hauling companies, and appurtenances) as well as lands titled in the names of John and Irene Smith. The corporate and private parcels, when...

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