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IN RE MAIDMAN

No. 317, Docket 81-5036.

668 F.2d 682 (1982)

In re Richard H. M. MAIDMAN, not individually, but as Trustee under that certain land trust agreement dated December 19, 1975, known as "Trust Number 2," Debtor. COMPASS INVESTMENT GROUP, Movant-Appellant, v. Richard H. M. MAIDMAN, not individually, but as Trustee under that certain land trust agreement dated December 19, 1975, known as "Trust Number 2," Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 13, 1982.

Attorney(s) appearing for the Case

Theodore Gewertz, New York City (Wachtell, Lipton, Rosen & Katz, New York City, of counsel), for movant-appellant Compass Inv. Group.

Richard Lieb, New York City (Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, of counsel), for respondent-appellee Richard H. M. Maidman.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

Debtor Land Trust No. 2, through its trustee Richard H. M. Maidman, sought the protection of Chapter XII of the Bankruptcy Act of 1898, §§ 401 et seq., 11 U.S.C. §§ 801 et seq. (1976)1 over the objection of mortgagee Compass Investment Group that land trusts could not file for bankruptcy relief. Bankruptcy Judge Lewittes held that land trusts could file under the Act, 2 B.R. 569...

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