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FRATERNAL COMPOSITE SERVICES, INC. v. KARCZEWSKI

No. 5:03-CV-1432(FJS).

315 B.R. 253 (2004)

FRATERNAL COMPOSITE SERVICES, INC., Appellant, v. James J. KARCZEWSKI, Appellee.

United States District Court, N.D. New York.

September 21, 2004.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Richard L. Weisz, of counsel, Albany, New York, for Appellant.

Hancock & Estabrook, LLP, Camille W. Hill, of counsel, Syracuse, New York, for Appellee.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

On April 29, 2003, Appellant Fraternal Composite Services, Inc. ("the corporation") filed a voluntary petition pursuant to Chapter 11 of the Bankruptcy Code. Subsequently, on July 11, 2003, Appellee James J. Karczewski filed a motion, pursuant to § 1112(b) of the Bankruptcy Code, to dismiss the corporation's Chapter 11 petition. On October 16, 2003, the Bankruptcy Court (Gerling...

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