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IN RE LANDMARK PARK PLAZA LTD. PARTNERSHIP

Bankruptcy No. 93-51951. Document No. 142-1, 142-2.

167 B.R. 752 (1994)

In re LANDMARK PARK PLAZA LIMITED PARTNERSHIP, Debtor.

United States Bankruptcy Court, D. Connecticut.

June 15, 1994.

Attorney(s) appearing for the Case

Cheever Tyler, Dean W. Baker, Wiggin & Dana, New Haven, CT, for debtor.

James Berman, Zeisler & Zeisler, P.C., Gerald T. Weiner, Weinstein, Weiner & Shapiro, Bridgeport, CT, for World Plan Executive Council — U.S.

Andrew M. DiPietro, Jr., DiPietro, Gulliver & Wright, New Haven, CT, for David T. McElroy.

David B. Greenberg, c/o Corp. Counsel, New Haven, CT, for City of New Haven.

John Carberry, David J. Lustberg, Cummings & Lockwood, Stamford, CT, for F.D.I.C.

Michael J. Boyle, New Haven, CT, for Local 217, Hotel and Restaurant Employees.

MEMORANDUM OF ORDER ON MOTION FOR AUTHORIZATION TO FILE A RIVAL PLAN UNDER CODE § 1121(C)

ALAN H.W. SHIFF, Bankruptcy Judge.

At a hearing on June 9, 1994, I ruled that a rival plan could be filed by an unsecured creditor even though the disclosure statement for the debtor's plan has been approved. This memorandum explains the basis for that decision.

BACKGROUND

This chapter 11 case was commenced on June 9, 1993. The debtor...

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