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IN RE: J & S PROPERTIES, LLC

No. 16-3366.

872 F.3d 138 (2017)

IN RE: J & S PROPERTIES, LLC, Debtor. Phoenician Mediterranean Villa, LLC, Appellant v. Lisa M. Swope, Esquire, Trustee of the Bankruptcy Estate of J & S Properties, LLC; James Focht; J & S Properties, LLC.

United States Court of Appeals, Third Circuit.

Filed: September 28, 2017.

Attorney(s) appearing for the Case

Mary B. Sheats [Argued], Frank Gale Bails Murcko & Pocrass, 707 Grant Street, Suite 3300, Gulf Tower, Pittsburgh, PA 15219, Attorney for Plaintiff-Appellant.

Robert L. Byer , Duane Morris, 600 Grant Street, Suite 5010, Pittsburgh, PA 15219, Andrew R. Sperl [Argued], Duane Morris, 30 South 17th Street, United Plaza, Philadelphia, PA 19103, Attorneys for Defendant-Appellee.

Harry J. Giacometti , Flaster Greenberg, 1835 Market Street, Suite 1050, Philadelphia, PA 19103, Gary F. Seitz , Gellert Scali Busenkell & Brown, 601 Walnut Street, Curtis Center, Suite 280 South, Philadelphia, PA 19106, Attorneys for Amicus-Appellee National Association of Bankruptcy Trustees.

William G. Schwab , 811 Blakeslee Boulevard Drive East, P.O. Box 56, Leighton, PA 18235, Attorneys for Amicus-Appellee Third Circuit Bankruptcy Trustees.

Before: HARDIMAN, ROTH, and FISHER, Circuit Judges.

OPINION OF THE COURT

A bankruptcy trustee sometimes must act quickly to safeguard property of the estate. In this case, Chapter 7 Trustee Lisa Swope took control of a commercial leasehold possessed by Phoenician Mediterranean Villa, LLC in a building owned by the debtor. Phoenician requested equitable relief to...

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