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IN RE BIRCH GROVE LANDSCAPING & NURSERY, INC.

15-11984 B.

547 B.R. 500 (2016)

IN RE BIRCH GROVE LANDSCAPING & NURSERY, INC., Debtor.

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

Signed March 28, 2016.

Attorney(s) appearing for the Case

Andreozzi, Bluestein, Weber, Brown, LLP, Daniel F. Brown, Esq. , of counsel, 9145 Main Street, Clarence, New York 14031, Attorneys for the Debtor

Bond, Schoeneck & King, PLLC, Stephen A. Sharkey, Esq. , of counsel, Avant Building—Suite 900, 200 Delaware Avenue, Buffalo, New York 14202-2107, Attorneys for the Estate of Gordon E. Fisher

Rupp Baase Pfalzgraf Cunningham LLC, Daniel Sarzynski, Esq. , of Counsel, 1600 Liberty Building, Buffalo, New York 14202-3694, Attorneys for Bank of Akron

DECISION & ORDER

The debtor in possession has moved for authority to use cash collateral for the purpose of making payment on account of the principal owed to the holder of a second lien. In the face of opposition from the first lienor, the debtor's motion is denied.

Gordon Fisher was...

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