IN RE KPMG, INC.

No. 99-17139 K.

284 B.R. 765 (2002)

In re Petition of KPMG, INC., as Interim Receiver and Foreign Representative of Euro United Corporation, Debtor.

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

June 27, 2002.


Attorney(s) appearing for the Case

Steven C. Bennett, Jones, Day, Reavis & Pogue, New York City, Christopher R. Schueller, Buchanan Ingersoll Professional Corporation, Buffalo, NY, for KPMG as Interim Receiver.

Zdarsky, Sawicky & Agostinelli, Mark J. Schlant, Joseph E. Zdarsky, of counsel, Buffalo, NY, Unsecured" Class Representative" for Creditors of" Euro Delaware".


MICHAEL J. KAPLAN, Bankruptcy Judge.

This is a 11 U.S.C. § 304 proceeding, NOT a bankruptcy proceeding. An interesting question is presented regarding 11 U.S.C. § 3041 as interpreted by the Second Circuit in In re Koreag, Controle et Revision S.A., 961 F.2d 341 (1992), which said: "Once a plausible challenge is presented as to whether particular property falls within the statutory definition...

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