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  5. 634 B.R. 670 (2021)
 

IN RE SELECT TREE FARMS, INC.

BK 12-10669 CLB, BK 12-10670 CLB.

634 B.R. 670 (2021)

IN RE SELECT TREE FARMS, INC., Debtor. George A. Schichtel and Debra G. Schichtel, Debtors.

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

Signed November 30, 2021.

Attorney(s) appearing for the Case

Andreozzi Bluestein LLP, Daniel F. Brown, Esq., 9145 Main Street, Clarence, New York 14031, Attorney for George A. Schichtel.

Gleichenhaus, Marchese & Weishaar, PC, Michael A. Weishaar, Esq., 43 Court Street, Suite 930, Buffalo, New York. 14202, Attorney for Michael Hayes and MKH Construction, LLC.

Office of the U.S. Trustee, Joseph W. Allen, Esq., Olympic Towers, 300 Pearl Street, Suite 401, Buffalo, New York. 14202, Morris L. Horwitz, Esq., PO Box 716, Getzville, NY 14068, Chapter 7 Trustee for Select Tree Farms, Inc.

Mark S. Wallach, Esq., PO Box 607, Amherst, NY 14226, Chapter 7 Trustee for George A. and Debra G. Schichtel.

DECISION & ORDER

Two creditors seek permission under Bankruptcy Rule 3006 to withdraw their proofs of claim. The central issue is whether the Court should allow any such withdrawal to occur "without prejudice" to recovery outside the bankruptcy process.

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