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IN RE SECHUAN CITY, INC.

Bankruptcy No. 88-12967F, Adv. No. 88-2065F.

96 B.R. 37 (1989)

In re SECHUAN CITY, INC. d/b/a Sechuan Garden Restaurant, Debtor. SECHUAN CITY, INC. d/b/a Sechuan Garden Restaurant, Plaintiff, v. NORTH AMERICAN MOTOR INNS, INC., Jose Garcia and Richard Melius, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 6, 1989.

Attorney(s) appearing for the Case

Jerome R. Balka, Philadelphia, Pa., for plaintiff, Sechuan City, Inc. d/b/a Sechuan Garden Restaurant.

Athena M. Dooley, Dessen, Moses & Sheinoff, Philadelphia, Pa., for defendants, North American Motor Inns, Inc., Jose Garcia and Richard Milles.

Anthony R. Barone, Philadelphia, Pa., Trustee.

OPINION

BRUCE I. FOX, Bankruptcy Judge:

The debtor has initiated an adversary proceeding against North American Motor Inns, Inc. (Hotel), its principal (Mr. Richard Melius)1 and an employee (Jose Garcia) alleging that defendants violated the automatic stay by attempting to collect a prepetition debt. Defendants allege that their activities did not violate any provision of § 362(a) and, alternatively, that their conduct was...

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