IN RE VALERINO CONST., INC.

Bankruptcy No. 97-20881. Adversary Nos. 99-2153, 99-2155.

250 B.R. 39 (2000)

In re VALERINO CONSTRUCTION, INC., Debtors. Warren H. Heilbronner, Trustee, Plaintiffs, v. Carole Nicosia, Defendants. Warren H. Heilbronner, Trustee, Plaintiffs, v. J.I. Case Credit Corporation, Defendants.

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

June 23, 2000.


Attorney(s) appearing for the Case

Warren H. Heilbronner, Rochester, NY, for plaintiff/trustee.

Richard P. Vullo, Rochester, NY, for Nicosia.

Joseph Allen, Jaeckle, Fleischmann & Mugel, Buffalo, NY, for Case Credit.


DECISION & ORDER

JOHN C. NINFO, II, Chief Judge.

BACKGROUND

On March 13, 1997, five creditors filed an involuntary Chapter 7 petition initiating a case against Valerino Construction, Inc. (the "Debtor"). On April 2, 1997, upon the written consent of the Debtor, an Order for Relief was entered. Thereafter, Warren H. Heilbronner was appointed as the Chapter 7 Trustee (the "Trustee").

On March 26, 1999, the Trustee commenced...

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