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IN RE DeARAKIE

Bankruptcy No. 90 B 10749 (TLB). Adversary No. 96 8541A.

199 B.R. 821 (1996)

In re Steven D. DeARAKIE, Debtor. Ian J. GAZES, Chapter 7 Trustee for the Estate of Steven D. DeArakie, Plaintiff, v. Steven D. DeARAKIE, Defendant.

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

August 22, 1996.

Attorney(s) appearing for the Case

Ian J. Gazes and Gregg M. Zipes, New York City, for Trustee.

Rosenman & Colin, L.L.P. by David J. Mark, New York City, for Debtor.

DECISION

TINA L. BROZMAN, Chief Judge.

Steven D. DeArakie moves pursuant to section 105 for an order enjoining the trustee of his estate from selling DeArakie's New York apartment, which he was awarded (subject to a claim of his former wife) pursuant to a judgment of divorce entered after DeArakie had filed a bankruptcy petition. DeArakie has appealed that judgment but, instead of seeking a stay from the state court, has asked that I prohibit a sale until...

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