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IN RE BEDFORD SQUARE ASSOCIATES, L.P.

Bankruptcy No. 99-35512DAS.

247 B.R. 140 (2000)

In re BEDFORD SQUARE ASSOCIATES, L.P., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

April 5, 2000.

Attorney(s) appearing for the Case

Leslie Beth Baskin, Spector, Garden & Rosen, P.C., Philadelphia, PA, for debtor.

Max W. Hittle, Jr., Krieg Devault Alexander & Capehart, L.L.P., Indianapolis, IN, for debtor.

Robert M. Greenbaum, Saul, Ewing, Remick & Saul, LLP, Philadelphia, PA, for Kroger Limited Partnership I.

Michael Migliaccio, Philadelphia, PA, for New York Life Insurance and Annuity Corp.

Frederic Baker, Ass't. U.S. Trustee, Philadelphia, PA, for United States Trustee's Representative.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Although resolution of the contested matter before us involves reconciliation of 11 U.S.C. §§ 363(f) and 365(h), which is no easy task, we believe that this decision comes down to weighing the interests of a debtor-lessor in maximizing its use of its property against those of a tenant in enforcing lease provisions designed to protect its interests. In this instance...

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