IN RE AMES DEPT. STORES, INC.

No. 01-42217 (REG).

287 B.R. 112 (2002)

In re AMES DEPARTMENT STORES, INC., et al., Debtors.

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

December 31, 2002.


Attorney(s) appearing for the Case

Weil, Gotshal & Manges, LLP, New York City, by Martin J. Bienenstock, Esq., Michele J. Meises, Esq., and Samuel S. Kohn, Esq., of counsel, for the Debtors and Debtors in Possession.

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, by Scott Hazen, Esq., Roseanne Finkel, Esq., for the Official Committee of Unsecured Creditors.

Morgan Lewis & Bockius, LLP, New York City, by Neil Herman, Esq., for Kimco Funding LLC.

Gross and Ruderman, White Plains, NY, by Mark Gross, Esq., for Northgate Shopping Center Limited Partnership.

Menter, Rudin & Trivelpiece, P.C., Syracuse, NY, by Kevin M. Newman, Esq., for New Paltz Properties, LP and Granite National Realty LLC.

White & Case, LLP, New York City, by Glenn M. Kurtz, Esq., and Wachovia Financial Center, Miami, FL, by Frank L. Eaton, Esq., for The Stop & Shop Supermarket Company.

Dollinger & Dollinger, Paramus, NJ, by Merrill O'Brien, Esq., for Hyde Park Mall.

Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, Baltimore, MD, by Bradley J. Swallow, Esq., for Harbor Holdings Limited.

Martin L. Brothers, Esq., New York City, by Martin L. Brothers, Esq., for Gandol Realty Company.

Klestadt & Winters, LLP, New York City, by Tracy L. Klestadt, Esq., John E. Jureller, Jr., Esq., for Chase Green Mountain LP.

Posternak, Blankstern & Luno, L.L.P., Boston, MA, by Robert O. Resnick, Esq., for Coliseum Vikerry Realty Company Trust.

Piper Rudnick LLP, Baltimore, MD, by Mark J. Friedman, Esq., for Eden Center.

Kelley Drye & Warren LLP, Berenson Associates, The Druker Company, and Benderson Development Co., Inc., New York City, by Edward J. Leen, Esq., Attorneys for Manley.

Ross & Hardies, Chicago, IL, by Richard Mason, Esq., for Heritage Property Investment Trust, Inc.


DECISION ON DEBTORS' ABILITY TO SELL DESIGNATION RIGHTS1

ROBERT E. GERBER, Bankruptcy Judge.

In this contested matter in a case under chapter 11 of the Bankruptcy "Code" (the Code), Ames Department Stores, Inc. and its subsidiaries (together, the "Debtors" or "Ames") — retailers whose operations ultimately were unsuccessful and which now are in the process of liquidation — seek approval of one of a series...

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