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IN RE ERIE HILTON JOINT VENTURE

Bankruptcy No. 89-00571E, Adv. Nos. 90-0033, 90-0137, 90-496, 90-1203 and 90-1513.

125 B.R. 140 (1991)

In re ERIE HILTON JOINT VENTURE, a Pennsylvania Partnership d/b/a The Quality Hotel Plaza, Debtor. ERIE HILTON JOINT VENTURE, a Pennsylvania Partnership d/b/a The Quality Hotel Plaza, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant. (Two Cases) The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Movant, v. ERIE HILTON JOINT VENTURE, a Pennsylvania Partnership d/b/a The Quality Hotel Plaza, Respondent. (Two Cases) The COUNTY OF ERIE, Movant, v. ERIE HILTON JOINT VENTURE, a Pennsylvania Partnership d/b/a The Quality Hotel Plaza, Respondent. The CITY OF ERIE, Movant, v. ERIE HILTON JOINT VENTURE, a Pennsylvania Partnership d/b/a The Quality Hotel Plaza, Respondent. ERIE HILTON JOINT VENTURE, a Pennsylvania Partnership d/b/a The Quality Hotel Plaza, Movant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA and The Erie County Tax Claim Bureau, Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

March 22, 1991.

Attorney(s) appearing for the Case

Harry D. Martin and James H. Richardson, Jr., Erie, Pa., for debtor.

Daniel L. Wessels and Neil F. Siegel, Pittsburgh, Pa., for Prudential Ins. Co. of America.

Lawrence C. Bolla and Michael S. JanJanin, Erie, Pa., for Official Committee of Unsecured Creditors.

William R. Brown, Erie, Pa., for Pennbank.

Dennis J. Spyra, Pittsburgh, Pa., for U.S. Trustee.

Ted G. Miller, Erie, Pa., for County of Erie.

Paul J. Susko, Erie, Pa., for City of Erie.

John W. Beatty, Erie, Pa., for The School Dist. for the City of Erie.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

The Erie Hilton Joint Venture ("Hilton") owned and operated a single asset, a hotel property known as the Quality Hotel Plaza in Erie, Pennsylvania (the "Property"). Prudential Insurance Company of America ("Prudential") holds a first mortgage on the Property. After Hilton's negotiations with Prudential regarding mortgage defaults failed, the Property was scheduled for sheriff's sale on October 13, 1989. Hilton...

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