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IN RE PUDGIE'S DEVELOPMENT OF NY, INC.

No. 98-Civ.-7870 (WCC). Bankruptcy Nos. 96B-21969 to 96B-21976, 96B-22027, 96B-22035, 96B-22105, 96B-22163 to 96B-22181 (ASH).

239 B.R. 688 (1999)

In re PUDGIE'S DEVELOPMENT OF NY, INC., et al., Debtors. Omni Partners, L.P., Appellant, v. Pudgie's Dev. of NY, Inc., Appellee.

United States District Court, S.D. New York.

September 29, 1999.

Attorney(s) appearing for the Case

Hamburger, Maxson & Yaffe, LLP, Melville, NY, Richard Hamburger, Bruce H. Kaplan, of counsel, for appellant.

Carolyn S. Schwartz, United States Trustee, New York City, Diana G. Adams, Asst. United States Trustee, of counsel, for the United States Trustee.

Rattet Hollander & Pasternak, LLP, Harrison, NY, Jonathan S. Pasternak, Jill A. Abrams, of counsel, for debtors/appellees.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

This matter is before this Court on an appeal taken by Creditor Omni Partners, L.P. ("Omni" or "Appellant") from the order of the Bankruptcy Court, entered August 11, 1998, denying its demand pursuant to 11 U.S.C. § 365(d)(3) for distribution from the bankruptcy estate of Pudgie's Famous Chicken, Ltd. and affiliated corporate entities...

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