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IN RE HOTEL ASSOC., INC.

Bankruptcy No. 79-02203K, Adv. No. 81-0182K.

10 B.R. 668 (1981)

In re HOTEL ASSOCIATES, INC., Robert B. Miller, Stanton R. Miller, a partnership, "The Drake", Debtors. Miriam H. McCANNON, 1512 Spruce Street, Apartment 1617, Philadelphia, Pa 19102, Plaintiff, v. David W. MARSTON, Trustee, and The Trustees of the Central States, Southeast and Southwest Areas Pension Fund and Hotel Associates, Inc., Robert B. Miller, Stanton R. Miller, a partnership, t/a "The Drake", Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

April 15, 1981.

Attorney(s) appearing for the Case

Janet M. Sonnenfeld, Philadelphia, Pa., for plaintiff.

Pace Reich, Philadelphia, Pa., for debtor.

Baldo M. Carnecchia, Jr., John Estey, Alison Douglas Knox, Philadelphia, Pa., for trustee.

David Marston, Philadelphia, Pa., trustee.

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

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

Presently before the Court is the Complaint of Miriam H. McCannon for Relief from Stay pursuant to § 362 of the Bankruptcy Code. In addition, McCannon prays for specific performance of an agreement of sale entered into with debtor. Because we believe that the trustee, as a hypothetical bona fide purchaser, may avoid the interest of the prospective purchaser, judgment will be entered in favor of the trustee...

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