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IN RE WHITE CRANE TRADING CO., INC.

Bankruptcy No. 93-21270-C-7.

170 B.R. 694 (1994)

In re WHITE CRANE TRADING COMPANY, INC., Debtor.

United States Bankruptcy Court, E.D. California.

June 14, 1994.

Attorney(s) appearing for the Case

Mark Serlin, Flaherty & Serlin, Sacramento, CA, for Chapter 11 Trustee.

Christopher Ames, Deputy Atty. Gen., Dept. of Justice, State of CA, San Francisco, CA, for the State of Cal.

Mark Gorton,1 McDonough, Holland & Allen, Sacramento, CA, Howard A. Gordon, Gordon and Associates, P.C., West Hartford, CT, for Planned Sales Promotions, Inc.

MEMORANDUM DECISION

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

This motion seeks to revoke an order entered in this case authorizing a sale, variously termed "Chapter 11 Sale" or "Bankruptcy Sale" or "Cash Raising Sale", to be conducted on the premises of the debtor furniture retailer.

The controlling question is whether Judicial Code § 959(b), 28 U.S.C. § 959(b), prevents merchants from using bankruptcy as a screen for conducting financial...

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