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IN RE AMES DEPT. STORES INC.

No. 12-cv-08365 (ALC).

512 B.R. 736 (2014)

In re AMES DEPARTMENT STORES INC., Debtor. Ames Department Stores Inc., Plaintiff, v. Lumbermens Mutual Casualty Company, Defendant.

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

Signed July 3, 2014.

Attorney(s) appearing for the Case

Mark Steven Gamell , Torre, Lentz, Gamell, Gary & Rittmaster, Jericho, NY, for Defendant.

Avery Daniel Samet , Storch Amini & Munves, P.C., New York, NY, for Plaintiff.

OPINION & ORDER

ANDREW L. CARTER, JR., District Judge.

This Court is presented with the question of whether, under 28 U.S.C. § 157(d), it must withdraw from Bankruptcy Court the reference of an adversary proceeding involving a dispute between the Plaintiff-bankruptcy trustee and the Defendant-insurance company over ownership of $8 million in trust. Defendant argues that withdrawal is mandatory because the Bankruptcy Court's resolution of...

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