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IN RE CEDAR BAYOU, LTD.

Civ. A. No. 78-204.

456 F.Supp. 278 (1978)

In re CEDAR BAYOU, LTD., a Pennsylvania limited partnership, Debtor. Alfred A. SHAMAH, Steven J. Gumenick and Ronald J. Stark, Plaintiffs, v. CEDAR BAYOU, LTD., Defendant.

United States District Court, W. D. Pennsylvania.

August 8, 1978.

Attorney(s) appearing for the Case

Robert L. Potter, Pittsburgh, Pa., and Roslyn Litman, Pittsburgh, Pa., for Cedar Bayou Ltd.

Myron B. Markel, Pittsburgh, Pa., William H. Holden, Jr., Baltimore, Md., for appellee-creditors Alfred Shamah and Steve Gumenick.

OPINION

SNYDER, District Judge.

This appeal is taken from a bankruptcy judge's decision that a bankruptcy court lacks jurisdiction to determine the validity of the creditor's lien in a Chapter XII real property arrangement when a creditor seeks to annul the automatic stay of his lien enforcement proceedings. The bankruptcy judge struck the debtor's answer containing defenses that disputed the lien as obtained through a course of fraud and disputed the irreparable...

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