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IN RE MILLER

Nos. 00-10500, 00-CV-1868(LEK).

263 B.R. 183 (2001)

In re Richard C. MILLER Sr., Debtor. Richard C. Miller, Sr., Debtor-Appellant, v. Donald Cloud and Capital Crossing Bank, Appellees.

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

June 8, 2001.

Attorney(s) appearing for the Case

Deborah L. Kelly, Hodgson, Russ Law Firm, Albany, NY, for Debtor.

Peter A. Pastore, McNamee, Lochner Law Firm, Stephen H. Volkheimer, Hiscock, Barclay Law Firm, Albany, NY, for Appellee.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

Presently before the Court is Appellant's motion for a preliminary injunction pending appeal, pursuant to Federal Rule of Civil Procedure 62(c) and Bankruptcy Rule 8005. For the following reasons, this motion is DENIED.

I. BACKGROUND

Appellant filed his petition for relief under Chapter 7 of the United States Bankruptcy Code on February 3, 2000. He is a 71 year old stock...

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