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IN RE SHELTER ENTERPRISES, INC.

Bankruptcy No. 86-1916, Adv. No. 88-0008.

98 B.R. 224 (1989)

In re SHELTER ENTERPRISES, INC., Debtor. William McCHESNEY and John McChesney, t/d/b/a Chapel Gate Construction, Plaintiff, v. Henry J. OWOC and Joan R. Owoc, his wife, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

Opinion on Reconsideration May 10, 1989.

Attorney(s) appearing for the Case

Gary H. Simone, Rishor & Simone, Butler, Pa., for defendants.

David J. Humphreys, Humphreys & Nubani, P.C., Pittsburgh, Pa., for defendants.

Jeffrey T. Morris, Plowman & Spiegel, Pittsburgh, Pa., for plaintiff.

J. Stevenson Suess, Butler, Pa., for debtor.

Joseph E. Schmitt, Chapter 11 Trustee, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, Pa.

Stephen I. Goldring, Asst. U.S. Trustee, Pittsburgh, Pa.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court is a Complaint by Plaintiff, an unsecured creditor (hereinafter "Chapel Gate"), requesting that the claims of Defendants, secured creditors (hereinafter the "Owocs"), be equitably subordinated to all other allowed claims against Debtor, pursuant to § 510(c) of the Bankruptcy Code. Specifically, Chapel Gate claims that the monies advanced by the Owocs to Debtor were not advanced...

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