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IN RE NELSON CO.

Bankruptcy No. 89-12080F, Adv. No. 90-0152F.

117 B.R. 813 (1990)

In re NELSON CO., Debtor. NELSON CO., Plaintiff, v. AMQUIP CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

August 22, 1990.

Attorney(s) appearing for the Case

Myron A. Bloom, Adelman Lavine Gold & Levin, Philadelphia, Pa., for debtor/plaintiff, Nelson Co.

Martin J. King, Jonathan E. Rich, Cordes, King & Rich, New Hope, Pa., for defendant, Amquip Corp.

Maxwell P. Gorson, Gorson & Gorson, P.C., Philadelphia, Pa., for Creditors' Committee.

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

By an adversary proceeding filed in this court, the debtor seeks a declaration that the defendant, Amquip Corporation, holds an unsecured claim and not a secured claim. The debtor contends that any lien on estate property currently held by the defendant should be avoided as preferential. Amquip disagrees; it asserts that it holds a valid nonpreferential lien. The facts are not in dispute; indeed, they have...

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