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IN RE HICKEY PROPERTIES, LTD.

Bankruptcy No. 94-10180.

181 B.R. 173 (1995)

In re HICKEY PROPERTIES, LTD., Debtor.

United States Bankruptcy Court, D. Vermont.

May 1, 1995.

Attorney(s) appearing for the Case

C. O'C. Reis, Obuchowski & Reis, Bethel, VT, for Hickey Properties Ltd. (debtor).

G.C. Gebauer, D. Weiss and D. Wolinsky, Saxer Anderson Wolinsky & Sunshine, Burlington, VT, for WHBB Real Estate Ltd. Partnership (WHBB).

MEMORANDUM OF DECISION DENYING CONFIRMATION OF DEBTOR'S CHAPTER 11 PLAN

FRANCIS G. CONRAD, Bankruptcy Judge.

WHBB, a secured creditor, objects1 to confirmation of Debtor's Chapter 11 Plan because it proposes $600,000 in post-confirmation financing, secured by a superpriority lien that primes WHBB's first lien in Debtor's assets. We held at the confirmation hearing that the Bankruptcy Code does not authorize superpriority liens...

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