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MATTER OF M.S. WIEN & CO., INC.

Bankruptcy No. 81-0889.

54 B.R. 183 (1985)

In the Matter of M.S. WIEN & CO., INC., Debtor. SECURITIES & EXCHANGE COMMISSION, Plaintiff, v. M.S. WIEN & CO., INC., Defendant.

United States Bankruptcy Court, D. New Jersey.

March 4, 1985.

Attorney(s) appearing for the Case

David Shapiro, Cole & Deitz, New York City, for National Bank of North America.

Frank Vecchione, Crummy, Del Deo, Griffinger & Vecchione, Newark, N.J., for the Trustee.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

The trustee moves to specifically exclude counsel fees incurred by the claimant, a secured creditor, in defense of a related action. National Bank of North America (NBNA), the secured creditor, seeks payment of attorneys' fees under a consent order entered December 20, 1981 and a companion letter agreement, dated December 1, 1981.

The debtor and NBNA had maintained a business relationship from at least...

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