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IN RE IBI SECURITY SERVICE, INC.

No. 539, Docket 97-5014.

133 F.3d 205 (1998)

In Re: IBI SECURITY SERVICE, INC., Debtor. BII, INC., Appellant, v. CHAPTER 7 TRUSTEE FOR IBI SECURITY SERVICE, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided January 8, 1998.

Attorney(s) appearing for the Case

Gary S. Jacobson, Westfield, NJ (Farer Siegal Fersko, James S. Friedman, of Counsel), for Appellant.

Andrew M. Thaler, Garden City, NY (Goldman Horowitz & Cherno, of Counsel), for Appellee.

Before: FEINBERG, CARDAMONE and WALKER, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff BII, Inc. (BII), a secured creditor in the Chapter 7 bankruptcy of IBI Security Service, Inc. (IBI), appeals from an order of the United States District Court for the Eastern District of New York, Arthur D. Spatt, J. That order affirmed orders of the Bankruptcy Court, Melanie J. Cyganowski, J., holding that a settlement agreement between BII and the Trustee did not prevent the Trustee from using 11 U.S.C. § 506(c) to surcharge...

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