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IN RE IROQUOIS ENERGY MANAGEMENT, LLC

No. 00-15609 B.

284 B.R. 28 (2002)

In re IROQUOIS ENERGY MANAGEMENT, LLC, Debtor.

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

September 30, 2002.

Attorney(s) appearing for the Case

Damon & Morey LLP, William F. Savino, Esq., of counsel, Buffalo, NY, for Debtor.

Thompson Hine LLP, Alan R. Lepene, Esq., of counsel, Cleveland, OH, for Charter One Bank, F.S.B.

Hodgson Russ LLP, Garry M. Graber, Esq, of counsel, Buffalo, NY, for Charter One Bank, F.S.B.

CARL L. BUCKI, Bankruptcy Judge.

Charter One Bank, F.S.B. ("Charter One") has perfected in New York its security interest in the accounts and general intangibles of Iroquois Energy Management LLC ("Iroquois"), the debtor herein. At issue in the present dispute is whether that security interest covers a refund due from a Canadian entity. Suggesting that Canadian law may treat the refund as an unencumbered asset, Iroquois asks preliminarily for a determination of the...

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