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IN RE THE BENNETT FUNDING GROUP, INC.

BAP Nos. 96-50040(L), 96-50041, Bankruptcy No. 96-61376.

212 B.R. 206 (1997)

In re THE BENNETT FUNDING GROUP, INC., Bennett Receivables Corporation, Bennett Receivables Corporation, II, Bennett Management Development Corporation, Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Appellant, Richard C. Breeden, Trustee-Appellant, v. MANUFACTURERS AND TRADERS TRUST COMPANY, Creditor-Appellee.

United States Bankruptcy Appellate Panel of the Second Circuit.

Decided September 12, 1997.

Attorney(s) appearing for the Case

Harry M. Gutfleish, Wasserman, Jurista & Stolz, P.C., Millburn, NJ, for Official Committee of Unsecured Creditors.

Mark W. Warren, Buffalo, Buffalo, NY, for Appellee.

M.O. Sigal, Jr., Simpson, Thacher & Bartlett, New York City, for trustee Richard C. Breeden.

Before JOHN C. NINFO, II, GALLET & HARDIN, Bankruptcy Judges.

OPINION

JOHN C. NINFO, II, Bankruptcy Judge.

This appeal1 arises from the November 15, 1996 Memorandum-Decision, Findings of Fact, Conclusions of Law and Order of Chief Bankruptcy Judge Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York (the "Bankruptcy Court Order") which: (1) modified the automatic stay pursuant to Bankruptcy Code...

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