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IN RE SELECT TREE FARMS, INC.

Nos. 12-10669 B, 12-10670 B.

483 B.R. 595 (2012)

In re SELECT TREE FARMS, INC., Debtor. In re George A. Schichtel and Debra G. Schichtel, Debtors.

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

December 20, 2012.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Garry M. Graber, Esq., of counsel, Steven W. Wells, Esq., of counsel, Buffalo, NY, for Evans Bank, N.A.

Damon Morey LLP, William F. Savino, Esq., of counsel, Buffalo, NY, for Debtors.

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The surviving debtors in these Chapter 11 cases have moved to defer the effective date of a conditional stipulation for stay relief. The central issue is whether the court can derive authority for the requested relief from section 105 of the Bankruptcy Code.

George A. Schichtel is the owner and president of Select Tree Farms, Inc., a corporation that operates a tree farm and wholesale nursery...

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