IN RE PRICHARD PLAZA ASSOCIATES LTD. PARTNERSHIP

Bankruptcy No. 87-40637 (JFQ).

84 B.R. 289 (1988)

In re PRICHARD PLAZA ASSOCIATES LIMITED PARTNERSHIP, Debtor.

United States Bankruptcy Court, D. Massachusetts.

March 28, 1988.


Attorney(s) appearing for the Case

David Nickless, Nickless & Phillips, Fitchburg, Mass., for debtor.

William Macauley, Craig and Macauley, Boston, Mass., for First Safety Fund Nat. Bank.

Victor G. Milione, Widett, Glazier & McCarthy, Boston, Mass., for Mut. Bank.


OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

A bank holding a mortgage and assignments of rents and leases claims the rents or adequate protection for not receiving and retaining them. The Court holds that the Bank is entitled to neither because it was not in possession of the real estate at the time this Chapter 11 case began. Involved is the resolution of an important question of state mortgage law undecided by the Supreme Judicial Court of Massachusetts...

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