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IN RE MONTGOMERY WARD, LLC

Bankruptcy No. 00-4667(RTL). Adversary No. 01-6607.

292 B.R. 49 (2003)

In re MONTGOMERY WARD, LLC, et al., Debtors. Montgomery Ward, LLC, et al., Plaintiffs, v. Wiseknit Factory, Ltd., Defendant.

United States Bankruptcy Court, D. Delaware.

April 17, 2003.

Attorney(s) appearing for the Case

Robyn C. Quattrone, Skadden, Arps, Slate, Meagher & Flom, Washington D.C., Mark A. Fink, Skadden, Arps, Slate, Meagher & Flom, Wilmington, DE, Co-Counsel for Plaintiff.

Robert K. Wrede, Russ, August & Kabat, Los Angeles, CA, Duane D. Werb, Werb & Sullivan, Wilmington, DE, Co-Counsel for Defendant.

OPINION

RAYMONF T. LYONS, Bankruptcy Judge.1

Plaintiff/debtor, Montgomery Ward, LLC ("Montgomery Ward"), brought a motion for summary judgment on its complaint alleging that Defendant, Wiseknit Factory Ltd., ("Wiseknit"), violated the automatic stay of 11 U.S.C. §§ 362(a)(1), (3), and (6) by instituting a breach of contract action in California to collect on a pre-petition obligation.2

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