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IN RE B. COHEN & SONS CATERERS, INC.

Bankruptcy No. 87-04917S, Adv. No. 88-2049S.

97 B.R. 808 (1989)

In re B. COHEN & SONS CATERERS, INC., Debtor. B. COHEN & SONS CATERERS, INC., Plaintiff, v. NEW PLAN REALTY TRUST, Marvin Fives, and Marvin Fives Food Equipment Corp., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 24, 1989.

Attorney(s) appearing for the Case

Paul Breen, Philadelphia, Pa., for debtor.

Daniel P. Bernstein, Philadelphia, Pa., for Marvin Fives.

Robert C. Perry, Mark E. Kogan, Philadelphia, Pa., for New Plan Realty Trust.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding presents two disturbing elements which, to a degree, counteract one another. First, we have a landlord who, having obtained relief from the automatic stay only to regain possession of its premises, proceeded to seize, destroy, and otherwise dispose of the Debtor-tenant's apparently valuable property despite the Debtor's vigilance in seeking to remove the property itself...

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