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IN RE GROSSE

Bankruptcy No. 83-01694G, Adv. No. 84-0083G.

44 B.R. 200 (1984)

In re Dr. Stephen W. GROSSE, P.C. t/a Martin Gorman Dental Pavilion, Dental Pavilion, Dental Dimensions, Dental Dimensions I, South Street Professional Building, Associated Dental Group Ltd., Barry A. Dubin, D.D.S. and Assoc., Stephen W. Grosse, P.C., Dental Pavilion, Germantown Dental, Girard Dental, Market Street Dental Pavilion, Market Dental, Barry Dubin Dental Care Center, B. Alan Dubin Dental Care Center, Dental Care Center, North Phila. Dental, Dr. Dubin's Dental Care, Denman Corporation, 1044 South Street, South Street Dental, and Central Purchasing, Debtor. Samuel M. BRODSKY, Trustee, Plaintiff, v. Stephen D. COHEN, D.D.S., Stephen A. Grubard, D.D.S., Society Hill Dental Associates, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 15, 1984.

Attorney(s) appearing for the Case

Alexander N. Rubin, Jr., Matthew D'Annunzio, Rubin, Quinn & Moss, Philadelphia, Pa., for plaintiff/trustee, Samuel M. Brodsky.

David R. Dearden, Morris & Adelman, Philadelphia, Pa., for defendants, Stephen D. Cohen, D.D.S., Stephen A. Grubard, D.D.S. and Society Hill Dental Associates.

Samuel M. Brodsky, Philadelphia, Pa., Trustee.

Myron A. Bloom, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for debtors.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The predominant issue in the case before us is whether we should grant the defendants' motion for partial summary judgment on the trustee's complaint based on the defendants' assertion that the trustee is not the proper party to institute suit on causes of action that arose after the filing of the petition. For the reasons stated herein we conclude that the trustee is the proper party to commence suit and thus we will...

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