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IN RE NEW BATT RENTAL CORP.

Bankruptcy No. 96-31236.

205 B.R. 104 (1997)

In re NEW BATT RENTAL CORPORATION, Debtor.

United States Bankruptcy Court, N.D. Ohio, Western Division.

January 30, 1997.

Attorney(s) appearing for the Case

S. Robert Lyons, Trial Atty., Tax Division, U.S. Dept. of Justice, Washington, DC.

Lenore Kleinman, Office of the U.S. Trustee, Cleveland, OH.

Michael Lorber, Dennis Reimer Co., L.P.A., Twinsburg, OH, for Bankers Trust Co.

Anita Gill, Special Assistant U.S. Atty., Cleveland, OH.

Mark R. McBride, Toledo, OH, for DIP.

Estate of Zenith Batt, Richard Szczepaniak, Toledo, OH.

Roger Goranson, Toledo, OH.

OPINION AND ORDER GRANTING MOTIONS TO DISMISS CHAPTER 11 CASE

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court on United States Department of Justice's ("IRS"'s) motion to dismiss New Batt Rental Corporation's (the "DIP" or "NBRC") chapter 11 case pursuant to 11 U.S.C. § 1112(b). The United States Trustee ("UST") has also filed a motion to dismiss as well as a supplement to such motion. The DIP has filed a response. Based on...

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