IN RE ROAD PATCH SERVICES, INC.

Bankruptcy No. 92-17055S, Adv. No. 93-0189S.

154 B.R. 869 (1993)

In re ROAD PATCH SERVICES, INC., Debtor. ROAD PATCH SERVICES, INC., Plaintiff, v. Frank CARAPICO, A. Joseph D'Ambrosio, and Cordine Scartozzi, individually and trading as CDS Investment Company, a Pennsylvania general partnership, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 10, 1993.


Attorney(s) appearing for the Case

Michael D. Sehl, Southeastern, PA, for debtor.

Guy A. Donatelli, West Chester, PA, for defendants.

Frederic Baker, Asst. U.S. Trustee, Philadelphia, PA, U.S. Trustee.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Resolution of the instant proceeding requires this court to address the efficacy of a landlord's attempt to rationalize his apparent execution upon property of a third party non-tenant who is a debtor in bankruptcy following execution on a confessed judgment against the tenant as a distraint, and then to utilize distraint as a legal basis to retain...

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