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IN RE MARS STORES, INC.

Bankruptcy Nos. 89-10439-JNF, 89-10523-JNF, 89-10514-JNF and 90-12484-JNF, Adv. No. 91-1558.

150 B.R. 869 (1993)

In re MARS STORES, INC.; Gaynes Department Stores, Inc.; Mars Leasing Co., Inc.; and Big Value Outlets, Inc., Debtors. Frank T. SACCURATO, Jr. as Creditors' Trustee of Mars Stores Inc., Gaynes Department Stores, Inc., Mars Leasing Co., Inc., Big Value Outlets, Inc., Plaintiffs, v. SHAWMUT BANK, N.A. Individually and as Agent for National Westminster Bank, USA, and National Westminster Bank USA, Defendants.

United States Bankruptcy Court, D. Massachusetts.

February 17, 1993.

Attorney(s) appearing for the Case

Michael B. Roitman, Boston, MA, for Frank T. Saccurato, Jr. as Creditors' Trust Trustee.

Charles R. Bennett, Jr., Boston, MA, for Shawmut Bank, N.A., et al.

MEMORANDUM

JAMES A. GOODMAN, Chief Judge.

I. INTRODUCTION

An involuntary Chapter 7 petition was filed against Mars Stores, Inc. ("Mars") on February 21, 1989. One week later, on March 1, 1989, and on the same day Mars converted the involuntary Chapter 7 to a voluntary Chapter 11 proceeding, two of its wholly owned subsidiaries, Gaynes Department Stores, Inc. ("Gaynes") and Mars Leasing Co., Inc. ("Leasing...

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