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MATTER OF BERGMAN

No. 861, Docket 78-5007.

585 F.2d 1171 (1978)

In Matter of Bernard BERGMAN d/b/a Park Crescent Nursing Home, Debtor. CHASE MANHATTAN MORTGAGE AND REALTY TRUST, Plaintiff-Appellant, v. Bernard BERGMAN d/b/a Park Crescent Nursing Home, Defendant-Debtor-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 13, 1978.

Attorney(s) appearing for the Case

Richard F. Levy, Chicago, Ill. (Howard A. Tullman, Theodore L. Freedman, Steven C. Dupre, Levy & Erens, Chicago, Ill., of counsel), (Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, of counsel) for plaintiff-appellant.

Arthur S. Olick, New York City (Anderson Russell Kill & Olick, P. C., New York City, James P. Heffernan, and Tina L. Wellner, New York City, of counsel), for trustee.

Before LUMBARD, MANSFIELD and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

The sole issue on this appeal from an order of the Southern District of New York affirming a decision of the bankruptcy court is whether the debtor, Bernard Bergman, d/b/a Park Crescent Nursing Home ("Park Crescent"), is the "legal or equitable owner" of real property in the Park Crescent within the meaning of Chapter XII of the Bankruptcy Act, 11 U.S.C. §§ 801 et seq., which permits a debtor owning such an interest to invoke...

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