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IN RE SCHWARTZ

Bankruptcy No. 81-00134G, Adv. No. 81-0052G.

9 B.R. 445 (1981)

In re Henry SCHWARTZ, ind. and t/a Gershberg Caterers a/k/a Rhawn Delicatessen, Debtor. BROKERS MORTGAGE SERVICE, Joseph Beller, Arthur Lerner, Stanley Altschuler, and Sherry Altschuler, Plaintiffs, v. Henry SCHWARTZ, Debtor and Margaret Graham, Standing Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 11, 1981.

Attorney(s) appearing for the Case

Steven T. Stern, Braemer & Kennedy, Philadelphia, Pa., for plaintiffs, Brokers Mortg. Service, Joseph Beller, Arthur Lerner, Stanley Altschuler and Sherry Altschuler.

Jordon Pitock, Philadelphia, Pa., for defendant/debtor, Henry Schwartz.

Margaret Graham, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether the plaintiffs in this case (consisting of the owners of certain real estate, the mortgagee, and the prospective buyers of said realty which is rented to and occupied by the debtor) are entitled to relief from the automatic stay provisions of § 362(a) of the Bankruptcy Code ("the Code") to permit them to obtain possession of that property from the debtor. We conclude that they...

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