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IN RE CBGB HOLDINGS, LLC

No. 10-13130 (SMB).

439 B.R. 551 (2010)

In re CBGB HOLDINGS, LLC, Debtor.

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

October 13, 2010.

Attorney(s) appearing for the Case

Fox Rothschild LLP, Fred Stevens, Esq., Kathleen Aiello, Esq. of Counsel, New York, NY, for the Estate of Hillel Kristal.

McBreen & Kopko, Kenneth Reynolds, Esq. of Counsel, Jericho, NY, for Debtor and Debtor in Possession.

MEMORANDUM DECISION AND ORDER REGARDING VALIDITY OF STRICT FORECLOSURE

STUART M. BERNSTEIN, Bankruptcy Judge.

The debtor's secured creditor, contending that it strictly foreclosed on substantially all of the debtor's assets prior to the petition date, has moved to dismiss this chapter 11 case, or alternatively, for relief from the stay. Although the motion raises several issues, the validity of the strict foreclosure presents a threshold question. For the...

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