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IN RE DARK HORSE TAVERN

Bankruptcy No. 93-61415.

189 B.R. 576 (1995)

In re DARK HORSE TAVERN, Debtor.

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

October 12, 1995.

Attorney(s) appearing for the Case

James Selbach, Syracuse, New York, for Debtor.

Bond, Schoeneck & King, LLP (James Dati, Scott Hatz, of counsel), Syracuse, New York, for Robert M. Frederick.

Michael Collins, Office of the U.S. Trustee, Utica, New York.

William Larkin, Assistant U.S. Attorney, Syracuse, New York, for IRS.

Grass, Balanoff & Whitelaw, P.C. (Michael Balanoff, of counsel), Syracuse, New York, for Douglas Tracy.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Chief Judge.

On May 15, 1995, Dark Horse Tavern, Inc. ("Debtor") filed a motion pursuant to Federal Rules of Bankruptcy Procedure ("Fed. R.Bankr.P.") 3017 seeking, inter alia, to set a date for the hearing on confirmation of Debtor's Modified Second Plan of Reorganization ("Modified Second Plan"). Thereafter, on May 25, 1995, Robert Frederick ("Frederick") responded...

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