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IN RE AMERIBUILD CONST. MANAGEMENT, INC.

No. 08-13707(ALG).

399 B.R. 129 (2009)

In re AMERIBUILD CONSTRUCTION MANAGEMENT, INC., Debtor.

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

January 14, 2009.

Attorney(s) appearing for the Case

DiConza Law, P.C. by Gerard DiConza, Esq., New York, NY, Counsel for the Debtor.

The Law Offices of Avrum J. Rosen, PLLC by Avrum J. Rosen, Esq., Huntington, NY, for Wayne Schumer.

Rosenberg Feldman Smith, LLP, by Michael Smith, Esq., Richard B. Feldman, Esq., New York, NY, Trial Counsel for Wayne Schumer.

MEMORANDUM OF OPINION AND ORDER

ALLAN L. GROPPER, Bankruptcy Judge.

Before the Court are motions filed by a creditor, Wayne Schumer ("Schumer"), to convert the Debtor's case from Chapter 11 to Chapter 7 and to abstain in or remand a state court action brought by the Debtor against Schumer and removed by the Debtor to the District Court (and subsequently referred to this Court) after the bankruptcy filing. For the...

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