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IN RE FLYING STAR CAFES, INC.

Case No. 15-10182 t11 Adv. No. 16-1060-t.

568 B.R. 129 (2017)

IN RE: FLYING STAR CAFES, INC., Debtor. NM Enterprises, Inc. d/b/a NM Bakery Service Company, Plaintiff, v. Clyde Harrington and Donna Schmidt, Defendants.

United States Bankruptcy Court, D. New Mexico.

Signed May 5, 2017.

Attorney(s) appearing for the Case

Shay Elizabeth Meagle , Moses, Dunn, Farmer & Tuthill, P.C., Albuquerque, NM, for Debtor.

Alice Nystel Page , Office of U.S. Trustee, Albuquerque, NM, for Trustee.

Spencer Lewis Edelman , Modrall Sperling Roehl , Harris & Sisk P.A., Albuquerque, NM, Paul M. Fish , Douglas R. Vadnais , Albuquerque, NM, for Creditor.

Clifford C. Gramer, Jr. , Albuquerque, NM, for Plaintiff.

William R. Keleher , Smidt Reist & Keleher, P.C., Albuquerque, NM, Christopher M. Moody , Moody & Warner, P.C., Albuquerque, NM, for Defendants.

OPINION

Before the Court is Defendants' joint motion to dismiss this § 510(b)1 subordination proceeding for lack of standing. The Court concludes that the Plaintiff did not have standing to bring the action in the first instance...

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