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IN RE ROXY REAL ESTATE CO., INC.

Bankruptcy No. 93-15811F.

170 B.R. 571 (1993)

In re ROXY REAL ESTATE CO., INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

December 8, 1993.

Attorney(s) appearing for the Case

Douglas H. Weiss, Weiss & Mercer, P.C., Philadelphia, PA, for creditor, Samuel Rosenberg.

Matthew Krekstein, Abraham, Pressman & Bauer, P.C., Philadelphia, PA, for debtor.

MEMORANDUM

BRUCE I. FOX, Bankruptcy Judge:

On October 4, 1993, this debtor filed the instant chapter 11 case. Samuel Rosenberg, who holds a first mortgage on the debtor's sole asset, has now moved to dismiss this case alleging that it was filed in bad faith. Alternatively, Mr. Rosenberg seeks relief from the automatic stay.

After a hearing, the following facts were proven.

I.

The debtor is a corporation whose sole asset is the real...

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