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MATTER OF MALLARD ASSOCIATES

No. 79 Civ. 3519 (LBS).

475 F.Supp. 1045 (1979)

In the Matter of MALLARD ASSOCIATES, A Limited Partnership.

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

August 30, 1979.

Attorney(s) appearing for the Case

Trubin, Sillcocks, Edelman & Knapp, New York City, for Greenwich Sav. Bank; Lola S. Lea, New York City, of counsel.

Norman Klasfeld, New York City and Gerald & Lawrence Blumberg, New York City, Co-Counsel for debtor; Norman Klasfeld and Lawrence S. Blumberg, New York City, of counsel.

OPINION

SAND, District Judge.

Greenwich Savings Bank ("Greenwich") appeals from the order of Bankruptcy Judge Joel Lewittes, dated June 14, 1979, denying Greenwich's motion to dismiss the petition on the grounds that the petition of Mallard Associates ("Mallard") was not filed in good faith and that as a matter of law, the petition must be dismissed because the only secured creditor has rejected the debtor's plan of arrangement. For the reasons hereinafter...

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