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IN RE PENN FRUIT CO., INC.

Bankruptcy No. 75-1684G.

26 B.R. 81 (1982)

In re PENN FRUIT CO., INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

December 23, 1982.

Attorney(s) appearing for the Case

Irving R. Segal, S. Jay Cooke, David S. Hope, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for debtor, Penn Fruit Co., Inc.

Sidney Chait, Adelman Lavine Krasny Gold & Levin, and Lawrence J. Lichtenstein, Philadelphia, Pa., for Official Creditors' Committee.

Jack B. Justice, White & Williams, Philadelphia, Pa., for Northwest Plaza Associates.

I.E. Leinwand, New York City, for Jerome Schottenstein.

Raymond L. Shapiro, Wexler, Weisman, Forman & Shapiro, Philadelphia, Pa., for Girard Bank.

Erwin L. Pincus, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for creditors.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues which confront us in this chapter XI case are: (1) whether a monetary limitation on the costs of administration contained in a debtor's plan which we previously confirmed is non-modifiable and binding upon us; and (2) whether that same plan gives the funder of the plan a right to a refund of $160,000.00 with interest. We conclude that we are not bound by the aforesaid limitation because the court, and...

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