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IN RE GIFALDI

Bankruptcy No. 94-11517 B.

207 B.R. 54 (1997)

In re Carl A. & Eva GIFALDI, Debtors.

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

March 31, 1997.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle L.L.P., Rochester, NY (Robert E. Bramlet, Bruce Kratz, of counsel), for Lennar Northeast Partners, Successor-in-Interest to The Chase Manhattan Bank, N.A., Movant.

Goldman, Costa, Getman & Biryla, Buffalo, NY (Jack L. Getman, of counsel), for Chapter 11 Trustee.

Alice Messina, Deputy Corporation Counsel, Rochester, NY.

CARL L. BUCKI, Bankruptcy Judge.

Lennar Northeast Partners L.L.P. is a secured creditor holding mortgages that encumber commercial properties of the debtors. It brings this motion for an order determining the lien status of post-petition real property taxes, and to compel a reapplication of tax payments that the debtors made in violation of a prior order restricting the use of cash collateral.

Carl and Eva Gifaldi, the debtors herein, filed a joint petition...

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