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IN RE D & W REALTY CORP.

No. 93 Civ. 6161 (JSM).

165 B.R. 127 (1994)

In re D & W REALTY CORPORATION.

United States District Court, S.D. New York.

February 22, 1994.

Attorney(s) appearing for the Case

Davidoff & Malito, Stuart Perlmutter and Rachel Warren, New York City, for Barclays Business Credit, Inc.

Hertzog, Calamari & Gleason, Steven Schwartz, New York City, for Federal Home Loan Mortg. Corp.

Backenroth & Grossman, Mark Frankel, New York City, for D & W Realty Corp.

OPINION

MARTIN, District Judge:

This is an appeal from a decision approving the disclosure statement filed by the bankrupt, D & W Realty Corporation ("D & W" or the "Debtor"), in which D & W classified the unsecured portion of its debt to the appellant-secured creditor Barclay's Business Credit Corp., 156 B.R. 140. ("Barclay's") separately from its debts to other unsecured creditors. Appellant contends that...

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