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IN RE OPERATION OPEN CITY, INC.

Bankruptcy No. 89-B-12378 (BRL), Adv. No. 92-8092A.

148 B.R. 184 (1992)

In re OPERATION OPEN CITY, INC., Debtor. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF OPERATION OPEN CITY, INC., Plaintiff, v. The NEW YORK STATE DEPARTMENT OF STATE, Defendant.

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

As Amended December 30, 1992.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, New York City by Glenn E. Siegel, Anne M. Carley, for debtor.

Todtman, Young, Tunick, Nachamie, Hendler, Spizz & Drogin, P.C., New York City by Alex Spizz, for Official Creditors' Committee.

Robert Abrams, New York City by David S. Cook, Laura Nath, for New York State Dept. of State.

MEMORANDUM DECISION ON DEFENDANT'S MOTION TO DISMISS AND DEBTOR AND CREDITORS' COMMITTEE'S MOTIONS FOR SUMMARY JUDGMENT

BURTON R. LIFLAND, Chief Judge.

Bankruptcy is a collective process in which all parties share in an inevitably inadequate estate. The bankruptcy court is the forum in which all parties resolve disputes regarding distribution of estate assets. This process, however, cannot function properly if any...

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