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IN RE GREENBERG

Bankruptcy No. 95 B 40987 (SMB).

200 B.R. 763 (1996)

In re Olivia S. GREENBERG, Debtor.

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

September 4, 1996.

Attorney(s) appearing for the Case

Olivia S. Greenberg, New York City, pro se.

Siller Wilk LLP (Ronald S. Itzler, of counsel), New York City, for 40 East 80th Apartment Corp.

Eschen, Eschen & Frenkel (Frank J. Culhane, of counsel), Syosset, New York, for Wendover Funding, Inc., as servicing agent for Home Savings of America.

Lana Halliday, New York City, for Debtor.

MEMORANDUM DECISION GRANTING DEBTOR'S MOTION TO DISMISS CASE

STUART M. BERNSTEIN, Bankruptcy Judge.

40 East 80 Apartment Corp. (the "Co-op") moves to convert Olivia Greenberg's (the "debtor") Chapter 13 case to one under Chapter 7. Prior to the return date, the debtor "cross-moved" to dismiss her case pursuant to § 1307(b) of the Bankruptcy Code. The Co-op opposed the debtor's motion. For the reasons that follow, the Court will dismiss the case upon...

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