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IN RE ALAN I.W. FRANK CORP.

Bankruptcy No. 81-02080G, Adv. No. 82-0055G.

19 B.R. 41 (1982)

In re ALAN I.W. FRANK CORPORATION, Debtor. ALAN I.W. FRANK CORPORATION, Plaintiff, v. P.M.A., INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

April 9, 1982.

Attorney(s) appearing for the Case

Howard T. Glassman, Wexler, Weisman, Forman & Shapiro, Philadelphia, Pa., for plaintiff/debtor, Alan I.W. Frank Corp.

Robert Boyd, Jr., Huntingdon Valley, Pa., for defendant, P.M.A., Inc.

Alexander Rubin, Fell, Spalding, Goff & Rubin, Philadelphia, Pa., for Creditors' Committee.

Samuel Alper, Trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether we should enjoin the continuation of a criminal proceeding in the state courts brought by a creditor against the debtor corporation and its president for allegedly issuing a bad check. We conclude that the state criminal proceeding should be enjoined because we find that the real motive behind that prosecution is to collect a prepetition corporate debt and that to allow a continuation...

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