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IN RE SILVERMAN

Bankruptcy No. 77 B 2988.

42 B.R. 509 (1984)

In re Isaac SILVERMAN, Bankrupt. Arthur S. ROSENFELD, as Trustee of the Estate of Isaac Silverman, Plaintiff, v. 122-24 EAST 25TH STREET CORPORATION, Defendant.

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

August 30, 1984.

Attorney(s) appearing for the Case

Jeffrey L. Sapir, Yonkers, N.Y., for trustee.

Baskin & Steingut, P.C., New York City, for 122-24 East 25th Street Corp.; Lawrence A. Mandelker, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for Leucadia, Inc.; Martin Bienenstock, New York City, of counsel.

DECISION ON COMPLAINT OF TRUSTEE FOR AN ORDER ANNULLING AUTOMATIC STAY

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy seeks an order annulling a bankruptcy stay so that its alleged violation may not be used against him by a mortgagee who was allegedly wiped out by an in rem tax foreclosure sale.

The defendant mortgagee, a corporation whose president is the bankrupt and whose stock is owned by the bankrupt's children, disputes...

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