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MATTER OF UNION DEPOSIT CTR. EQUITIES LTD. PARTNERSHIP

Nos. 80-1821, 80-1822.

639 F.2d 1045 (1981)

In the Matter of UNION DEPOSIT CENTER EQUITIES LIMITED PARTNERSHIP (formerly Union Deposit Mall Equities Limited Partnership), Debtor. INDUSTRIAL NATIONAL MORTGAGE COMPANY v. UNION DEPOSIT CENTER EQUITIES LIMITED PARTNERSHIP, Appellant in 80-1821 The Creditors' Committee of Union Deposit Center Equities Limited Partnership, and Commercial & Industrial Properties, Inc., Appellant in 80-1822.

United States Court of Appeals, Third Circuit.

Decided February 2, 1981.

Attorney(s) appearing for the Case

Robert B. Wolf, (argued), Jeffrey S. Saltz, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for Union Deposit Center Equities Limited Partnership.

Leon S. Forman, (argued), Earl T. Stamm, Wexler, Weisman, Maurer & Forman, Philadelphia, Pa., for Industrial Nat. Mortgage Co.

Jay I. Morstein, Shale D. Stiller, Frank, Bernstein, Conaway & Goldman, Baltimore, Md., for Commercial & Industrial Properties, Inc.

William H. Nast, Jr., Harrisburg, Pa., for Creditors Committee of Union Deposit Center Equities Limited Partnership.

Before GIBBONS and WEIS, Circuit Judges and BECHTLE, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

The debtor in this bankruptcy proceeding contends that the cram down provisions in the Act could have been utilized to make a Chapter XII arrangement digestible.1 Furthermore, because the district court misconstrued the statutory remedy and did not hold a hearing on its plan, says the debtor, a continuation of the automatic stay against foreclosure...

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