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IN RE A.J. LANE & CO., INC.

Bankruptcy Nos. 89-40268-JFQ, 89-40272-JFQ, Adv. P. No. 89-4108.

115 B.R. 738 (1990)

In re A.J. LANE & CO., INC., Lane Homes, Inc., Lane Management, Inc. Fountainhead Associates of Westborough, Andrew J. Lane, Debtors. A.J. LANE & CO., INC., Plaintiff, v. The BSC GROUP and Home Federal Savings Bank, Defendants.

United States Bankruptcy Court, D. Massachusetts.

June 13, 1990.

Attorney(s) appearing for the Case

Charles Dougherty, Hill & Barlow, Boston, Mass., for debtor/plaintiff.

Alan Brams, Stevenson, Johnson & Brams, Worcester, Mass., for Home Federal Sav. Bank defendant.

Michael J. Beatrice, Murray & Associates, Boston, Mass., for defendant/BSC Group.

OPINION

JAMES F. QUEENAN, JR., Bankruptcy Judge.

Cross-motions for summary judgment present the question of whether a Chapter 11 debtor should be compelled to execute documents necessary to draw upon a letter of credit. I hold that the debtor should not be so compelled because the obligation to provide the documents creates a claim which is allowable and dischargeable in bankruptcy.

Prior to this Chapter 11 proceeding, BSC Group, Inc. ("BSC") brought...

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