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IN RE WINSLOW CENTER ASSOCIATES

Bankruptcy No. 82-00020G, Adv. No. 82-2662G.

32 B.R. 685 (1983)

In re WINSLOW CENTER ASSOCIATES, Debtor. PROVIDENT MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. WINSLOW CENTER ASSOCIATES, and Jerome Blum, Trustee, Defendants. and The COMMITTEE OF EQUITY SECURITY HOLDERS, Intervening Defendant, and Third Party Plaintiff; derivatively on behalf of Winslow Center Associates, v. Harvey PLOWFIELD, Third Party Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 7, 1983.

Attorney(s) appearing for the Case

Marjorie O. Rendell, Marshall A. Fleisher, Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff, Provident Mut. Life Ins. Co.

David S. Fishbone, Ciardi & Fishbone, Philadelphia, Pa., for debtor/defendant, Winslow Center Associates.

Robert H. Levin, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for defendant/Trustee, Jerome Blum.

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for The Committee of Equity Holders, intervening defendant and third party plaintiff, derivatively on behalf of Winslow Center Associates.

David J. Picker, Norristown, Pa., for Harvey Plowfield, third party defendant.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

A creditor, Provident Mutual Life Insurance Company ("Provident"), has instituted an adversary proceeding under 11 U.S.C. § 362(d)(1) and (d)(2) of the Bankruptcy Code seeking a modification of the automatic stay imposed by § 362(a) in order to foreclose its mortgage on the debtor's real property. For the reasons stated herein we find that Provident has borne its burden of proof under § 362(d)(1...

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