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IN RE PINE LAKE VILLAGE APARTMENT CO.

Bankruptcy No. 81-B-20737, No. 82 Adv. 6001.

16 B.R. 750 (1982)

In re PINE LAKE VILLAGE APARTMENT CO., Debtor. Thomas J. HARTIGAN, as Trustee of The Twenty Seven Trust under that certain Trust Agreement dated as of May 1, 1980, Plaintiff, v. PINE LAKE VILLAGE APARTMENT CO., Defendant.

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

January 20, 1982.

Attorney(s) appearing for the Case

Burns & Fox, New York City, and Wexler, Weisman, Forman & Shapiro, P.C., Philadelphia, Pa., for debtor-defendant.

Zalkin, Rodin & Goodman, New York City, for plaintiff.

DECISION ON ORDER TO SHOW CAUSE WHY PROCEEDING SHOULD NOT BE DISMISSED ON THE GROUNDS SET FORTH IN SECTION 305(a)(1) OF BANKRUPTCY CODE

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The plaintiff, the sole mortgagee of the debtor's garden apartments complex, has moved pursuant to Code § 305(a)(1) to dismiss the debtor's Chapter 11 petition. The plaintiff also seeks to condition the debtor's use of rents collected from the premises on

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