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SPARMAL ENTERPRISES, INC. v. MOFFIT REALTY CORP.

Bankruptcy No. 85-4656 RA(B), Adv. No. 90-27, Cause No. 90-1512-C.

126 B.R. 559 (1991)

SPARMAL ENTERPRISES, INC., Appellant, v. MOFFIT REALTY CORP., Commerce America Banking Co. (n/k/a INB Banking Co.), Merchants National Bank of Muncie, Terre Haute First National Bank, Citizens Bank of Owensboro Kentucky, Beneficial Commercial Corp., Old National Bank of Evansville, Summit Bank of Muncie f/k/a Industrial Trust & Savings Bank, Summit Bank, Fort Wayne, Indiana, Bancohio Leasing Company, First National Bank of Louisville, Jack Faulkner, and Lash Leasing, Appellees. In re SPARMAL ENTERPRISES, INC., Debtor. SPARMAL ENTERPRISES, INC., Plaintiff, v. INDUSTRIAL TRUST BANK OF MUNCIE, et al., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

April 26, 1991.

Attorney(s) appearing for the Case

John M. Rogers, Bamberger & Feibleman, Indianapolis, Ind., for plaintiff.

S. James Fishman, Mantel, Cohen, Garelick, Reiswerg & Fishman, Indianapolis, Ind., for creditors' committee.

Elliot D. Levin, Rubin & Levin, Indianapolis, Ind., for defendants.

ENTRY

DILLIN, District Judge.

This cause is before the Court on appeal from the order of the United States Bankruptcy Court for the Southern District of Indiana dismissing adversary proceeding No. 90-27. For the following reasons, the decision of the Bankruptcy Court is affirmed.

Background

The appellant in this case, Sparmal Enterprises, Inc., (Sparmal), filed a Chapter 11 bankruptcy proceeding on October 17, 1985. Since that time...

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