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IN RE RICKEL & ASSOCIATES, INC.

No. 98 B 47203 (SMB).

260 B.R. 673 (2001)

In re RICKEL & ASSOCIATES, INC., Debtor.

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

April 12, 2001.

Attorney(s) appearing for the Case

Wolman, Babitt & King, L.L.P. (Matthew B. King, of counsel), New York City, for Debtor in Possession.

Rattet & Pasternak, LLP (Jonathan S. Pasternak, of counsel), Harrison, NY, for Official Committee of Unsecured Creditors.

Gibbons, Del Deo, Dolan, Griffinger & Vecchione (Dale E. Barney, of counsel), Newark, NJ, for Elliot J. Smith.

Kelley Drye & Warren LLP (James S. Carr, of counsel), New York City, for Reorganized Debtor.

Olshan Grundman Frome Rosenzweig & Wolosky, LLP (Andrew I. Silfen, of counsel), New York City, for Wireless Acquisition Partners LLC, Robert Frome and Michael Wainstein.

MEMORANDUM DECISION DENYING DEBTOR'S MOTION TO MODIFY THE CONFIRMATION ORDER

STUART M. BERNSTEIN, Chief Judge.

Under the debtor's confirmed plan, the shareholders neither receive a distribution nor retain their interests. The debtor has now moved to modify the Confirmation Order to change the treatment of the equity class. The plan, however, has been substantially consummated, and relief is barred by 11 U.S.C. § 1127(b). Accordingly, the...

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