IN RE DE LEONARD

Bankruptcy No. 82-01290K.

44 B.R. 922 (1984)

In re Robert E. DE LEONARD, Alleged Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

December 11, 1984.


Attorney(s) appearing for the Case

David S. Fishbone, Andrew L. Miller, Philadelphia, Pa., for alleged debtor.

Lawrence J. Lichtenstein, Patrick W. Kittredge, Douglas Evan Ress, Philadelphia, Pa., for Scott Paper Co.


OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The issue at bench is whether we should grant a creditor's motion for summary judgment in a proceeding to determine whether an involuntary petition should be dismissed. Because we conclude that there are material issues of fact regarding the existence of the prerequisites for dismissal, we will deny the motion.

The facts of the case, in light of the standard for granting summary judgment, are as follows...

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