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IN RE MARTA GROUP, INC.

Bankruptcy No. 83-01276G, Adv. No. 83-1347G.

53 B.R. 102 (1985)

In re MARTA GROUP, INC., Debtor. MARTA GROUP, INC., Plaintiff, v. COUNTY APPLIANCE COMPANY, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 26, 1985.

Attorney(s) appearing for the Case

Pace Reich, Geoffrey L. Steiert, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for debtor/plaintiff, Marta Group, Inc.

Richard J. Stahl, Stahl & Buck, P.C., Annandale, Va., for defendant, County Appliance Co., Inc.

David S. Hope, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Chief Judge.

The vortex of the controversy before us arises under the debtor's complaint to collect an account receivable and centers on whether a creditor may set off its obligation to the debtor against a claim which the creditor holds against the debtor. Since the creditor's claim against the debtor is subordinate to the claims of all creditors, the two obligations lack the requisite...

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