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IN RE FRG, INC.

Bankruptcy Nos. 89-12766S through 89-12772S and 89-12992S, Adv. No. 90-0751S.

121 B.R. 710 (1990)

In re FRG, INC. et al., Debtors. ROBERT CHRISTOPHER ASSOCIATES, Christopher Burch and Robert Burch as general partners of Robert Christopher Associates and R. Richard Williams, Plaintiffs, v. FRANKLIN REALTY GROUP, INC., Franklin Realty Group of Pennsylvania, Inc., and Franklin Realty Partners, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 19, 1990.

Attorney(s) appearing for the Case

Albert A. Ciardi, Jr., Ciardi, Fishbone & DiDonato, Richard G. Phillips, Philadelphia, Pa., for plaintiffs.

Nicholas J. LePore, III, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for Creditors' Committee.

Max L. Lieberman, Philadelphia, Pa., for defendants.

Jeffrey Schwartz, New York City, for debtors.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The instant motion of the two Debtor-Defendants in this proceeding seeks to have us dismiss the proceeding as an attempt to circumvent the Plaintiffs' failure to file proofs of claim prior to the bar date in their related cases and to have us award them damages under 11 U.S.C. § 362(h). We agree that the proceeding must be dismissed as to the movants and consequently dismissed against the non-debtor Defendant...

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