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IN RE BBS NORWALK ONE, INC.

Bankruptcy No. 98-51068.

239 B.R. 440 (1999)

In re BBS NORWALK ONE, INC., Debtor.

United States Bankruptcy Court, D. Connecticut.

February 1, 1999.

Attorney(s) appearing for the Case

James Berman, Zeisler & Zeisler, Bridgeport, Connecticut, for BBS Norwalk One, Inc.

Peter D. Morgenstern, Bragar, Wexler, Eagel & Morgenstern, New York City, for the Official Committee of Unsecured Creditors.

Leo Fox, New York City, for Virginio Battanta.

MEMORANDUM AND ORDER

ALAN H.W. SHIFF, Chief Judge.

The debtor and Virginio Battanta have filed competing plans of reorganization. The narrow issue addressed here is whether a minority shareholder of a debtor in possession has the authority under applicable state and bankruptcy law to file a plan of reorganization that proposes to mortgage the debtor's property to fund the plan.

BACKGROUND

The debtor is incorporated in Delaware. Its shareholders...

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