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IN RE MARTA GROUP, INC.

Bankruptcy No. 83-01276G, Adv. No. 83-1145G.

33 B.R. 634 (1983)

In re MARTA GROUP, INC., Debtor. EMERSON QUIET KOOL CORPORATION, Plaintiff, v. MARTA GROUP, INC., Defendant, and Heritage Commercial Finance Company, Intervening Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 29, 1983.

Attorney(s) appearing for the Case

Marjorie O. Rendell, Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff, Emerson Quiet Kool Corp.

Pace Reich, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for debtor/defendant, Marta Group, Inc.

Howard T. Glassman, Wexler, Weisman, Forman & Shapiro, Philadelphia, Pa., for intervening defendant, Heritage Commercial Finance Corp.

David S. Hope, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., and Scott L. Hazan, New York City, for Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

A creditor, Emerson Quiet Kool Corporation ("Emerson"), has commenced an action based upon its consignment of goods to the debtor seeking, in the alternative, either an injunction barring the use or sale of the goods, or a modification of the automatic stay permitting the creditor to repossess the goods. For the reasons stated herein we will modify the stay and allow Emerson to repossess a portion of the goods...

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