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IN RE CHAFFEE AGGREGATES, INC.

Bankruptcy No. 96-12563 B, Adversary No. 01-1355 B.

300 B.R. 170 (2003)

In re CHAFFEE AGGREGATES, INC., Debtor. William E. Lawson, Trustee, Plaintiff, v. Town of Sardinia, Town Board of the Town of Sardinia, Defendants.

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

October 9, 2003.

Attorney(s) appearing for the Case

Sullivan, Oliverio & Gioia LLP, Bruce W. Hoover, Esq., of counsel, Buffalo, NY, for Plaintiff.

David J. Seeger, Esq., Buffalo, NY, Special Counsel to the Town of Sardinia.

CARL L. BUCKI, Bankruptcy Judge.

As its name suggests, the automatic bankruptcy stay operates only to stay the exercise of rights. It does not otherwise create rights or entitlements that would not have existed and it does not terminate obligations that must otherwise be satisfied. These precepts have relevance to the central issue in this motion, namely whether the automatic stay of 11 U.S.C. § 362 operates to stay not only the present enforcement of a zoning...

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