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IN RE MONTEREY EQUITIES-HILLSIDE

Bankruptcy No. 587-00520-R.

73 B.R. 749 (1987)

In Re MONTEREY EQUITIES-HILLSIDE, a California limited partnership, Debtor.

United States Bankruptcy Court, N.D. California.

April 6, 1987.

Attorney(s) appearing for the Case

Seymour J. Abrahams, San Jose, Cal., for Charles Duck, State Court Receiver.

Eugene K. Yamamoto, Oakland, Cal., for Monterey Equities, moving party and general partner.

Marilyn Morgan, San Jose, Cal., for Ellison Industries.

Charles Wassell, Walnut Creek, for the following limited partners: Foubrieank Associates, Edward T. Anderson, Ann Bingham, Bruce A. Hyman, Jill W. Hyman, and Austin Morris, individually and on behalf of all others similarly situated.

MEMORANDUM OPINION

ELIZABETH L. PERRIS, Bankruptcy Judge.

This case raises the issue whether a receiver appointed by a state court to manage and control a limited partnership may commence a case under Chapter 11 (11 U.S.C. § 101 et seq.) for the partnership without the consent of the general partner. As more fully discussed below, the alleged general partner's motion to dismiss will be denied because this Court finds that the receiver may commence such...

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