IN RE COLE

Bankruptcy No. 85-02936G.

66 B.R. 75 (1986)

In re Timothy W. COLE, Margaret Cole. In re C. HORSE FARM, INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

October 21, 1986.


Attorney(s) appearing for the Case

Gary M. Perkiss, Pozzuolo & Perkiss, P.C., Philadelphia, Pa., for debtors, Timothy W. Cole and Margaret Cole.

Desmond J. McTighe, Norristown, Pa., for movant, Margaret R. Noone.

John A. Wetzel, Wessel and Carpel, Philadelphia, Pa., for secured creditors, Joseph N. Bongiovoni, David Segal, Gerald A. Gleeson and David R. Black.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue for consideration is whether we should grant a creditor's motion for the appointment of a trustee pursuant to 11 U.S.C. § 1104 of the Bankrupcty Code ("the Code"). For the reasons set forth below, we conclude that the motion should be denied.

The facts of this case are as follows:1 On July 17, 1985, C. Horse Farm filed a voluntary...

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