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IN RE C-TC 9TH AVENUE PARTNERSHIP

No. 674, Docket 96-5068.

113 F.3d 1304 (1997)

In re C-TC 9TH AVENUE PARTNERSHIP, Debtor. C-TC 9TH AVENUE PARTNERSHIP, Plaintiff-Appellant, v. NORTON COMPANY, Defendant-Appellee, Maplewood Colonie Common School District, and the Town of Colonie, Creditors-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 30, 1997.

Attorney(s) appearing for the Case

Alan W. Kornberg, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Plaintiff-Appellant.

David F. Kunz, DeGraff, Foy, Holt-Harris, Healey & Kunz, L.L.P., Albany, NY, for Defendant-Appellee.

David R. Murphy, Cusick, Hacker & Murphy, L.L.P., Latham, New York City, for Creditor-Appellee.

William A. Nowak, Town Attorney for Town of Colonie, Newtonville, NY, for Creditor-Appellee.

Before: NEWMAN, Chief Judge, McLAUGHLIN and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge:

The debtor, C-TC 9th Avenue Partnership (C-TC), appeals the determination, made in the first instance by the bankruptcy court, that C-TC is not a "person" eligible for Chapter 11 relief, and that C-TC filed its Chapter 11 petition in bad faith. C-TC's petition was dismissed by the bankruptcy court, whose decision was affirmed by the district court. We affirm.

I. Factual Background

C-TC, a general partnership under New York...

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