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IN RE HIRSCHHORN

Bankruptcy No. 190-14584-260, Adv. No. 193-1240.

156 B.R. 379 (1993)

In re Peter J. HIRSCHHORN, Debtor. FELLERMAN AND COHEN REALTY CORP., Plaintiff, v. CLINICAL PLUS INC. and Dr. Peter J. Hirschhorn, Defendants.

United States Bankruptcy Court, E.D. New York.

July 7, 1993.

Attorney(s) appearing for the Case

Stangler, Edelman & Binder by Harold J. Stangler, Sachs & Kamhi by Gary Sachs, Carle Place, NY, for debtor.

Department of Justice, Office of U.S. Trustee by Alfred Dimino, Garden City, NY.

Kleinberg, Kaplan, Wolff & Cohen, P.C. by Monica L. Kaiser and David Parker, New York City, for Landlord.

DECISION

CONRAD B. DUBERSTEIN, Chief Judge.

It is a well-known axiom that the bankruptcy laws are intended to be used as a shield and not as a sword. Shell Oil Co. v. Waldron, 785 F.2d 936, 938 (11th Cir.1986) (quoting In re Penn Cent. Trans. Co., 458 F.Supp. 1346, 1356 (E.D.Pa.1978)), cert. dismissed, 478 U.S. 1028, 106 S.Ct. 3343, 92 L.Ed.2d 763 (1986); In re...

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