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IN RE BAGEL BROS. BAKERY & DELI, INC.

Bankruptcy Nos. 98-11441 K, 98-11443 K.

220 B.R. 1 (1998)

In re BAGEL BROS. BAKERY & DELI, INC., Debtor. In re BAGEL BROTHERS MAPLE, INC., Debtor.

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

March 27, 1998.

Attorney(s) appearing for the Case

William A. Savino, Damon & Morey, Buffalo, NY, for Debtors.

Dale Barney, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for Manhattan Bagel Company, Inc.

Francis P. Weimer, Aaron, Dautch, Sternberg & Lawson, Buffalo, NY, Local Counsel for Manhattan Bagel Company.

ORDER DIRECTING THAT FEDERAL RULE OF BANKRUPTCY PROCEDURE 1014(b) WILL NOT STAY PROCEEDINGS IN THIS COURT UNTIL THE BANKRUPTCY COURT FOR THE DISTRICT OF NEW JERSEY HAS HEARD THE RULE 1014(b) MATTER AND HAS ISSUED DIRECTIONS TO THE PARTIES

MICHAEL J. KAPLAN, Bankruptcy Judge.

Before the Court is the rarely-addressed and unsettled issue of whether the last sentence of Federal Rule of Bankruptcy Procedure 1014(b) constitutes an "automatic" stay of reorganization...

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