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OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF CORNERSTONE HOMES, INC. v. FLEET

No. 6:15-cv-06484-MAT, Bankruptcy No. 2:13-21103-PRW, Adversary No. 2:15-02022-PRW.

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF CORNERSTONE HOMES, INC., and MICHAEL H. ARNOLD, CHAPTER 11 TRUSTEE OF CORNERSTONE. HOMES, INC., Plaintiffs, v. DAVID L. FLEET, TRACY L. FLEET, CNY HOMES HOLDINGS, LLC, OUR FAMILY GETAWAY, LLC, BUCK HOLLOW OUTFITTERS & TREE FARM, LLC, and FIRST CITIZENS NATIONAL BANK, Defendants. In re: CORNERSTONE HOMES, INC., Debtor.

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

December 2, 2015.

Attorney(s) appearing for the Case

Official Committee of Unsecured Creditors of Cornerstone Homes, Inc., Plaintiff, represented by Gregory J. Mascitti , LeClairRyan & Michael John Crosnicker , LeClairRyan.

Michael H. Arnold, Plaintiff, represented by Michael H. Arnold , Place & Arnold.

David L. Fleet, Defendant, represented by David H. Ealy , Trevett, Cristo, Salzer & Andolina P.C. & David Rothenberg , Geiger and Rothenberg, LLP.

Tracy L. Fleet, Defendant, represented by David H. Ealy , Trevett, Cristo, Salzer & Andolina P.C. & David Rothenberg , Geiger and Rothenberg, LLP.

CNY Homes Holdings, LLC, Defendant, represented by David H. Ealy , Trevett, Cristo, Salzer & Andolina P.C. & David Rothenberg , Geiger and Rothenberg, LLP.

Buck Hollow Outfitters & Tree Farm, LLC, Defendant, represented by David H. Ealy , Trevett, Cristo, Salzer & Andolina P.C. & David Rothenberg , Geiger and Rothenberg, LLP.

Our Family Getaway, LLC, Defendant, represented by David H. Ealy , Trevett, Cristo, Salzer & Andolina P.C. & David Rothenberg , Geiger and Rothenberg, LLP.

DECISION AND ORDER

I. Introduction

Defendants David L. Fleet ("Fleet"), Tracy L. Fleet ("T. Fleet"), CNY Homes Holdings, LLC ("CNY"), and Buck Hollow Outfitters & Tree Farm, LLC ("Buck Hollow") (collectively, "the Fleet Defendants") move to withdraw the reference to the Bankruptcy Court...

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