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IN RE ALLEN-MAIN ASSOCIATES, LTD. PARTNERSHIP

Bankruptcy Case No. 97-25098.

218 B.R. 278 (1998)

In re ALLEN-MAIN ASSOCIATES, LIMITED PARTNERSHIP, Alleged Debtor.

United States Bankruptcy Court, D. Connecticut.

March 2, 1998.

Attorney(s) appearing for the Case

Howard L. Siegel, Brown, Rudnick, Freed & Gesmer, Hartford, CT, for Allen-Main Associates Limited Partnership.

Robert E. Grossman, Schuyler G. Carroll, Backenroth & Grossman, LLP, c/o Day, Berry & Howard, Hartford, CT, for petitioning creditor.

Honor S. Heath, Day, Berry & Howard, Hartford, CT, for petitioning creditor.

RULING AND ORDER ON CREDITOR'S INVOLUNTARY CHAPTER 7 PETITION

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I.

The issue before the court is whether a non-recourse secured creditor may be a sole petitioner in an involuntary Chapter 7 case. The parties have submitted the matter on the pleadings, briefs, and the petitioning creditor's concession that it holds a non-recourse claim. The alleged debtor has agreed that

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