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IN RE PCH ASSOCIATES

Bankruptcy No. 84 B 11540, Adv. No. 85-5025A.

55 B.R. 273 (1985)

In re PCH ASSOCIATES, f/k/a Simon Associates, Debtor. PCH ASSOCIATES, Plaintiff, v. LIONA CORPORATION N.V., Defendant.

United States Bankruptcy Court, S.D. New York.

November 25, 1985.

Attorney(s) appearing for the Case

Levin, Weintraub & Crames, and Gelberg & Abrams, New York City, for debtor; Andrew Kress, Marc S. Kirschner and Darren H. Goldstein, New York City, of counsel.

Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., Winick & Rich, New York City, for Liona Corp.; Michael L. Temin, Philadelphia, Pa., and Jeffrey Rich, New York City, of counsel.

Stroock, Stroock & Lavan, New York City, for Creditors Committee; Barbara Kaplan, New York City, of counsel.

DECISION AND ORDER ON DEBTOR'S MOTION FOR DECLARATORY JUDGMENT

BURTON R. LIFLAND, Bankruptcy Judge.

This adversary proceeding in the form of a request for declaratory relief was instituted to obtain a judicial determination of the nature of, and the obligations created under, an agreement that was sharply tailored by sophisticated parties to achieve their various real estate taxation and investment goals. In short, a real estate deal was conceived and structured...

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