IN RE JOSEPH B. DAHLKEMPER CO., INC.

Bankruptcy No. 93-10014-BM. Motion No. 94-8M.

170 B.R. 853 (1994)

In re JOSEPH B. DAHLKEMPER CO., INC., Debtor. JOSEPH B. DAHLKEMPER CO., INC., Movant, v. Victor LIBERATORE, individually and doing business as TERRA ERIE ASSOCIATES, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

August 15, 1994.


Attorney(s) appearing for the Case

Lawrence C. Bolla, Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., Erie, PA, for movant/debtor.

Robert R. Goods, Cohen & Lombardo, P.C., Buffalo, NY, for respondent.

Norman E. Gilkey, Stonecipher, Cunningham, Beard & Schmitt, Pittsburgh, PA, for Committee of Unsecured Creditors.

Kathleen Robb-Singer, Office of U.S. Trustee, Pittsburgh, PA.


MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor has objected to an amended proof of claim submitted after the bar date by Victor Liberatore, d/b/a Terra Erie Associates (hereinafter "Terra"). According to debtor, Terra's claim should be disallowed because it is time-barred and because the amounts sought by Terra are not provided for by the terms of a lease agreement between the parties.

Terra denies that its claim is time-barred...

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