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IN RE LITCHFIELD CO. OF SOUTH CAROLINA LTD.

Bankruptcy No. C-B-91-30650, Adv. P. No. 91-3166.

135 B.R. 797 (1992)

In re the LITCHFIELD COMPANY OF SOUTH CAROLINA LIMITED PARTNERSHIP, Debtor. The LITCHFIELD COMPANY OF SOUTH CAROLINA LIMITED PARTNERSHIP, Plaintiff/Appellee, v. The ANCHOR BANK, Defendant/Appellant.

United States District Court, W.D. North Carolina.

January 3, 1992.

Attorney(s) appearing for the Case

Thomas B. Henson, Garland S. Cassada, Robinson Bradshaw & Hinson, P.A., Charlotte, N.C., for debtor.

Paul Burke O'Hearn, R. Matthew Martin, Jones Day Reavis & Pogue, Atlanta, Ga., Howell V. Bellamy, Jr., Rutenburg, Copeland, Epps, Gravely, Myrtle Beach, S.C., defendant/appellant.

MEMORANDUM OF OPINION AND ORDER

MULLEN, District Judge.

This appeal arises out of an adversary proceeding by the debtor—a South Carolina limited partnership—against a creditor, The Anchor Bank, to enjoin the creditor's alleged violation of Bankruptcy Code § 362(a)(3), 11 U.S.C. § 362(a)(3) (hereinafter the "Code") and to enjoin, pursuant to Code § 105(a), the creditor's state court collection efforts against the debtor's partners...

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