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IN RE DISCOUNT PLYWOOD CENTERS, INC.

Bankruptcy No. 80-01115G, Adv. No. 80-0603G.

11 B.R. 866 (1981)

In re DISCOUNT PLYWOOD CENTERS, INC. a/k/a National Plywood Distributors, National Building Materials, Debtors. DISCOUNT PLYWOOD CENTERS, INC., Plaintiff, v. Andrew A. DIDIO, Individually and as President of Property Maintenance Corporation and Pool Maintenance Corporation, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 12, 1981.

Attorney(s) appearing for the Case

David Gutin, Nathan B. Feinstein, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for plaintiff, Discount Plywood Centers, Inc.

Harry S. Rosenthal, Wyndmoor, Pa., for the defendants, Andrew A. DiDio, Individually and as President of Property Maintenance Corp. and Pool Maintenance Corp.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a state statute of limitations bars an action brought by a debtor in this court to recover a pre-proceeding debt. We conclude that, since the state statute of limitations had run prior to the filing of the chapter 11 petition, the defendant's motion to dismiss should be sustained.

The facts of the instant case are as follows:

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