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IN RE FAS MART CONVENIENCE STORES, INC.

No. 01-60386.

318 B.R. 370 (2004)

In re FAS MART CONVENIENCE STORES, INC., et al., Chapter 11 Debtors in Possession. Keith L. Phillips, Trustee, Plaintiff, v. Lehman Brothers Holdings, Inc., d/b/a Lehman Capital and Peter Kern, Defendants.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

January 9, 2004.

Attorney(s) appearing for the Case

Frank J. Santoro, Portsmouth, VA, for Trustee.

Allan S. Buffenstein, Richmond, VA, for creditors.

MEMORANDUM OPINION

DOUGLAS O. TICE, JR., Chief Judge.

In this chapter 11 case, Keith L. Phillips, trustee, filed a motion pursuant to 11 U.S.C. § 362(h) for sanctions for violation of the automatic stay against Lehman Brothers Holdings, Inc., d/b/a Lehman Capital, and Peter Kern, a vice president of Lehman. The motion was filed on July 23, 2003, as a contested matter, with trial scheduled for February 23, 2004.

Lehman and Kern filed separate...

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