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IN RE MALL AT ONE ASSOCIATES, L.P.

Bankruptcy No. 93-15504DAS.

187 B.R. 476 (1995)

In re MALL AT ONE ASSOCIATES, L.P., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

October 12, 1995.

Attorney(s) appearing for the Case

David C. Shuter, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, PA, for debtor.

Douglas N. Candeub, Adelman, Lavine, Gold & Levin, Philadelphia, PA, for Mall at One Group, L.P.

Joseph DiGiuseppe, Philadelphia, PA, for City of Philadelphia.

Stewart Paley, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, PA, for Bank of New York — National Community Division.

Ivan J. Krouk, Lincoln Rittenhouse, Philadelphia, PA, for RK Mall Corp.

Frederic Baker, Ass't. U.S. Trustee, Philadelphia, PA.

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

Presently to be decided in this contentious bankruptcy case is the issue of how to distribute the assets of the Debtor subsequent to an auction sale of its primary real estate asset. Two questions having some general application arise, namely (1) what is the nature of a recovery under 11 U.S.C. § 506(c) and where does such as recovery fall in a distribution scheme? and (2) what...

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