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IN RE HOFFER

Bankruptcy No. 83-01664G, Adv. No. 83-1245G.

34 B.R. 678 (1983)

In re Frank HOFFER, I/D/B/A R & G Transportation, Inc., and R & G Transportation, Inc. Debtor. FARMERS & MERCHANTS BANK OF LONG BEACH, Plaintiff, v. Frank HOFFER, I/D/B/A R & G Transportation, and R & G Transportation, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

December 2, 1983.

Attorney(s) appearing for the Case

Sheldon Tabb, Abrams, Abramsom & Tabb, Philadelphia, Pa., for plaintiff, Farmers & Merchants Bank of Long Beach.

Steven M. Dranoff, Dranoff-Perlstein Associates, Philadelphia, Pa., for debtor, Frank Hoffer, I/D/B/A R & G Transp., Inc. and R & G Transp., Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The Farmers & Merchants Bank of Long Beach ("the bank"), instituted a proceeding under 11 U.S.C. § 362(d) of the Bankruptcy Code ("the Code") seeking a modification of the automatic stay imposed by § 362(a) in order to foreclose its security interest on the debtor's tractor and trailer. For the reasons stated herein, we find that the bank has not borne its...

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