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IN RE DARWIN

Bankruptcy No. 182-10135-260, Adv. No. 182-0241.

22 B.R. 259 (1982)

In re Franklin D. DARWIN, Debtor. BUCKNELL LEASING CORP., Plaintiff, v. Franklin D. DARWIN and Kenneth Kirschenbaum, as Trustee, Defendants.

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

July 29, 1982.

Attorney(s) appearing for the Case

Pennisi & Dowd, Kew Gardens, N.Y., for Bucknell Leasing Corp., landlord.

Lawrence J.D. Mort, New Counsel, Horowitz & Associates, P.C., Original Counsel, New York City, for debtor; Jesse Barab, New York City, of counsel.

AMENDED OPINION

CONRAD B. DUBERSTEIN, Bankruptcy Judge.

INTRODUCTORY STATEMENT

This case presents a pattern of conduct which has been increasing in the metropolitan area where debtors seek the benefits of Chapter 13 of the Bankruptcy Code to prevent their being dispossessed from their apartments for non-payment of rent. Because the commencement of a bankruptcy case generally stays a creditor from instituting or continuing an action against the...

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