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IN RE C.S. ASSOCIATES

No. 93-1961.

29 F.3d 903 (1994)

In re C.S. ASSOCIATES, d/b/a University Nursing and Rehabilitation Center, Debtor. UNITED JERSEY BANK, Appellant, v. Mitchell W. MILLER, Esq.; The City of Philadelphia; The United States of America; Healthcare Services Group; Perloff Brothers, Inc.; Diane Vendetti; The School District of Philadelphia; Nicholas Canuso, Dr.; Raymond Silk, Dr. and Eugene Spitz, Dr. Mitchell W. Miller, Esq., Trustee, Frederick J. Baker, Esq., Trustee.

United States Court of Appeals, Third Circuit.

Decided July 20, 1994.

Attorney(s) appearing for the Case

John J. Francis, Jr. (argued), Shanley & Fisher, P.C., Morristown, NJ, for appellant United Jersey Bank.

Joseph DiGiuseppe (argued), Asst. City Sol., City of Philadelphia Law Dept., Philadelphia, PA, for appellee City of Philadelphia.

Edward J. DiDonato, Ciardi & DiDonato, P.C., Philadelphia, PA, for appellee Mitchell W. Miller, Bankruptcy Trustee of Estate C.S. Associates.

Before: COWEN and ROTH, Circuit Judges, and ACKERMAN, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

In this bankruptcy case, the bankruptcy court granted a motion by the City of Philadelphia ("the City") to recover unsecured post-petition real estate taxes and water/sewer rents from the secured creditor, United Jersey Bank ("UJB"), pursuant to 11 U.S.C. § 506(c). The district court affirmed the order of the bankruptcy court. Because the City did not demonstrate that the taxes conferred a direct benefit to...

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