IN RE FOUNDRY OF BARRINGTON PARTNERSHIP

Bankruptcy No. 91 B 07732, Adv. No. 91 A 00380.

129 B.R. 550 (1991)

In re FOUNDRY OF BARRINGTON PARTNERSHIP, an Illinois General Partnership, d/b/a The Foundry of Barrington, Debtor. FOUNDRY OF BARRINGTON PARTNERSHIP, an Illinois General Partnership, d/b/a The Foundry of Barrington, Plaintiff, v. Jeffrey BARRETT, not individually, but as receiver for The Foundry of Barrington, Defendant.

United States Bankruptcy Court, N.D. Illinois, E.D.

July 24, 1991.


Attorney(s) appearing for the Case

Philip V. Martino, Rudnick & Wolfe, Chicago, Ill., for Prudential Ins.

Arthur Simon, Richard D. Grossman, Dannen, Crane, Heyman & Simon, Chicago, Ill., for debtor.

Jeffrey Barrett, pro se.

Denyse H. Heffner, U.S. Trustee, Dept. of Justice, Chicago, Ill., for Dept. of Justice.


MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

The Debtor owns a half-empty shopping center encumbered by a mortgage held by Prudential Insurance Company of America. After Prudential obtained the appointment of a receiver in a state-court foreclosure action, the Debtor filed this chapter 11 case. Now Prudential wants this Court to abstain or to dismiss the case; to excuse the receiver from surrendering possession of certain property to the Debtor...

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