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IN RE GURNEY'S INN CORP. LIQUIDATING TRUST

Bankruptcy No. 097-72326-511.

215 B.R. 659 (1997)

In re GURNEY'S INN CORP. LIQUIDATING TRUST, Debtor.

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

December 1, 1997.

Attorney(s) appearing for the Case

Pinks & Arbeit by Steven G. Pinks, Hauppauge, NY, for Debtor.

Moritt, Hock & Hamroff by Marc Hamroff and Thomas Rund, Garden City, NY, for HAC I.

Pryor & Mandelup by Randolph White, Westbury, NY, for Gurney's Inn Resort & Spa, Ltd.

Stan Yang, Office of United States Trustee, Garden City, NY.

DECISION

(Motion to Dismiss)

MELANIE L. CYGANOWSKI, Bankruptcy Judge.

Before the Court is the motion by HAC 1, Inc. ("HAC") to dismiss the voluntary petition filed by Gurney's Inn Corp. Liquidating Trust ("Gurney's Trust") on June 23, 1997 on the ground that the Court lacks jurisdiction because Gurney's Trust is not eligible for relief under chapter 11 since it is not a "business trust." The sole issue is whether the Debtor is a business...

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