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IN RE MARSTON ENTERPRISES, INC.

Bankruptcy No. 180-00532.

13 B.R. 514 (1981)

In re MARSTON ENTERPRISES, INC./Spring Run Apartments, Co-Debtors, BUFFALO SAVINGS BANK, Plaintiff, v. MARSTON ENTERPRISES, INC., Spring Run Apartments, Defendants.

United States Bankruptcy Court, E.D. New York.

May 11, 1981.

Attorney(s) appearing for the Case

Leon S. Forman, Wexler, Weisman, Maurer & Forman, P.C., Philadelphia, Pa. S.A. Hauptman, Hauptman & Hauptman, Brooklyn, N.Y., for defendants.

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P.C., Frank T. Gaglione and Neil J. Katz, Buffalo, N.Y., Berle & Berle, New York City, Thorold J. Deyrup, New York City, for plaintiff.

CONRAD B. DUBERSTEIN, Bankruptcy Judge.

This case is pending in Chapter 11. Shortly before the petition for relief was filed, Buffalo Savings Bank (hereinafter "Bank") had commenced foreclosure of a first mortgage on real property located in Delaware. When the petition was filed, the Bank's foreclosure was automatically stayed pursuant to 11 U.S.C. § 362. A complaint for relief from the stay was filed by the Bank. The...

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