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IN RE NORTHAMPTON CORP.

Bankruptcy No. 83-03644G.

39 B.R. 955 (1984)

In re NORTHAMPTON CORPORATION, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

June 19, 1984.

Attorney(s) appearing for the Case

Bruce D. Shuter, Joseph A. Dworetzky, Warren T. Pratt, Drinker Biddle & Reath, Philadelphia, Pa., for debtor, Northampton Corp.

Leon F. Forman, Earl T. Stamm, Wexler, Weisman, Forman & Shapiro, P.C., Philadelphia, Pa., for secured creditor, Manufacturers Hanover Trust Co.

Richard B. Bland, Lancaster, Bland, Eisele & Herring, Hyattsville, Md., for holders of first and second Deeds of Trust.

Michael Sigal, Simpson Thacher & Bartlett, New York City, for Manufacturers Hanover Trust Co.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the matter before us is whether we should grant a creditor's renewed motion to convert or dismiss a chapter 11 proceeding when the debtor attempts to use that proceeding to affect or modify claims which were to be satisfied under a plan confirmed in its prior chapter 11 case when that prior plan has been substantially, although not fully, consummated. For the reasons stated herein, we will convert...

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