IN RE JON J. PETERSON, INC.

No. 08-15082 B.

411 B.R. 131 (2009)

In re JON J. PETERSON, INC., d/b/a Holiday Harbor, d/b/a Holiday Harbor Marina, Debtor.

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

August 20, 2009.


Attorney(s) appearing for the Case

Damon Morey LLP, Daniel F. Brown, Esq., of counsel, Beth Ann Bivona, Esq., of counsel, Buffalo, NY, for Debtor.

Paul V. Webb, Jr., Esq., Lakewood, NY, for Boatworks, LLC.

Harris Beach PLLC, Kimberly Colaiacovo, Esq., of counsel, Buffalo, NY, for Potential Offerors.

Menter, Rudin & Trivelpiece, P.C., Kevin M. Newman, Esq., of counsel, James C. Thoman, Esq., of counsel, Syracuse, NY, for Community Bank, N.A.

Joseph W. Allen, Assistant U.S. Trustee, Buffalo, NY.


DECISION & ORDER

CARL L. BUCKI, Chief Judge.

Pursuant to section 363 of the Bankruptcy Code, the debtor in this Chapter 11 case seeks authority to sell substantially all of its assets outside the ordinary course of business. The present dispute involves issues of fairness in the terms and conditions of an auction sale, as well as the setting of an appropriate "breakup" fee.

Jon J. Peterson, Inc...

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