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IN RE HOTEL ASSOCIATES, INC.

Bankruptcy No. 79-02203K.

6 B.R. 108 (1980)

In re HOTEL ASSOCIATES, INC., Robert B. Miller, Stanton R. Miller, a partnership, "The Drake", Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

September 5, 1980.

Attorney(s) appearing for the Case

Pace Reich, Philadelphia, Pa., for debtor.

David Marston, Baldo M. Carnecchia, Jr., Philadelphia, Pa., for trustee.

Robert A. Kargen, Philadelphia, Pa., for Central Penn. Nat. Bank.

Peter M. Breitling, George B. Clothier, Philadelphia, Pa., Stephen Karotkin, Harvey R. Miller, New York City, for trustees of SE & SW Areas Pension Fund, etc.

Marc J. Sonnenfeld, John P. Kopesky, Philadelphia, Pa., for Williard Inc.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This is a case of first impression under the Bankruptcy Reform Act of 1978. ("The Code").1

The issue before us is whether the holder of a secured claim2 must bear the expenses and fees incurred by the duly appointed trustee and his agents, in the performance of the trustee's duties in the event that the Chapter 11 reorganization fails.

...

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