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IN RE EAGSON CORP.

Bankruptcy No. 79-02128G.

1 B.R. 777 (1980)

In re EAGSON CORPORATION, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

January 18, 1980.

Attorney(s) appearing for the Case

Michael H. Cox, Philadelphia, Pa., for debtor in Chapter 11.

Stassen, Kostos & Mason, Thomas G. Meeker, Philadelphia, Pa., for bankrupt.

Duane, Morris & Heckscher, Marjorie O. Rendell, Philadelphia, Pa., for Creditors' Committee.

Wexler, Weisman, Maurer & Forman, P.C., Horace A. Stern, Philadelphia, Pa., for trustee, Myron Harris.

Dechert, Price & Rhoads, Neal D. Colton, Philadelphia, Pa., for Westinghouse Electric Co.

Blank, Rome, Comisky & McCauley, Alan C. Gershenson, Philadelphia, Pa., for Continental Assurance Co.

Saul, Ewing, Remick & Saul, Dennis J. Faucher, Philadelphia, Pa., for First Pennsylvania Bank.

Wolf, Block, Schorr & Solis-Cohen, Michael L. Temin, Philadelphia, Pa., for Strouse-Greenberg & Co.

Stradley, Ronon, Stevens & Young, Andre L. Dennis, Philadelphia, Pa., for Republic Realty Mortgage Co.

Myron Harris, Philadelphia, Pa., pro se.

James W. Adelman, Philadelphia, Pa., Secretary to the Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

In this case we are presented with the question of whether, while a case begun under Chapter XI of the Bankruptcy Act is pending before the court, another petition — under Chapter 11 of the Bankruptcy Code — may be filed. We conclude that the second petition must be dismissed because of laches and because of Section 403(a) of the Bankruptcy Reform Act of 1978.1

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