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MATTER OF MAIMONE

Bankruptcy No. 80-04406, Adv. No. 82-0251-TS.

41 B.R. 974 (1984)

In the Matter of John C. MAIMONE and Raffaela Maimone, a/k/a Lena Maimone, Debtors. John C. MAIMONE and Raffaela Maimone, Plaintiffs, v. COLUMBIA SAVINGS BANK, Howell State Bank and Beinhauer Rouhana & Pike, P.A., Defendants.

United States Bankruptcy Court, D. New Jersey.

July 30, 1984.

Attorney(s) appearing for the Case

Gross & Novak by Roger Steffens, East Brunswick, N.J., for trustee.

Markowitz & Zindler by Joseph Markowitz, Lawrenceville, N.J., for Citizens State Bank.

Kleinberg Moroney Masterson & Schachter, P.C. by Harold M. Cohen, Millburn, N.J., for debtors.

McDonough, Murray & Korn, P.C. by Jay Scott MacNeill, Westfield, N.J., for Beinhauer Rouhana & Pike, P.A.

Morrison & Morrison by Gloria B. Cherry, Hackensack, N.J., for Columbia Sav. & Loan Ass'n.

Riker Danzig, Scherer & Hyland by Karen Bezner, Morristown, N.J., for Howell State Bank.

OPINION

AMEL STARK, Bankruptcy Judge:

This motion raises the important question, among others, of whether post-petition interest on a senior secured claim should be subordinated to the pre-petition claim of a junior secured creditor.

Facts and Procedural History

1. John C. Maimone and Raffaela Maimone, the Debtors, filed a petition for relief under Chapter 11 of the Bankruptcy Code on October 20, 1980.

2. Real property owned...

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