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MATTER OF GILDA GRADENIGO, INC.

Bankruptcy No. 83-360, Adv. No. 84-6.

80 B.R. 666 (1987)

In the Matter of GILDA GRADENIGO, INC., t/a Bagatelle/Gilda, Debtor. WILMINGTON TRUST COMPANY, Plaintiff, v. GILDA GRADENIGO, INC., t/a Bagatelle/Gilda, Greenville Center Assoc., L.P., Stephen W. Spence, Trustee, Defendants.

United States Bankruptcy Court, D. Delaware.

October 8, 1987.

Attorney(s) appearing for the Case

Noel C. Burnham, Wilmington, Del., for plaintiff.

Daniel H. Krapf, Wilmington, Del., for Greenville Center Assoc., L.P./defendant.

Edwin A. Tos, Wilmington, Del., for debtor/defendant.

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

Following extensive discovery, Wilmington Trust Company on November 26, 1985, filed a motion for summary judgment on its complaint filed January 23, 1984 seeking lien enforcement. The gist of the complaint is a violation of 11 U.S.C. § 363 in that proceeds of inventory subject to WTC's security interest were paid to Defendant/Greenville Center Associates, L.P. as payment of rent in accordance...

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