IN RE D.F.D. INC.

Bankruptcy No. 82-04150G.

43 B.R. 393 (1984)

In re D.F.D. INC., t/a New Yorker Deli-Restaurant, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

October 18, 1984.


Attorney(s) appearing for the Case

Jay G. Ochroch, Leonard P. Goldberger, John C. Halderman, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for debtor, D.F.D. Inc. t/a New Yorker Deli-Restaurant.

Jerome R. Balka, Balka & Balka, Philadelphia, Pa., for movant, Venice Const. Co.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue under consideration is whether, under 11 U.S.C. § 1144 of the Bankruptcy Code ("the Code"), we should grant a creditor's motion to set aside an order confirming a chapter 11 plan where the debtor's counsel failed either to list the creditor in the debtor's schedules or to apprise the court at the confirmation hearing of the pendency of the debtor's motion for assumption of an unexpired lease with said...

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