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IN RE NOVA REAL ESTATE INV. TRUST

Bankruptcy No. 80-01239.

23 B.R. 62 (1982)

In re The NOVA REAL ESTATE INVESTMENT TRUST, f/k/a First Virginia Mortgage and Real Estate Investment Trust, Debtor.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

September 7, 1982.

Attorney(s) appearing for the Case

Roger Frankel, Frankel & Jacobs, Chartered, Bethesda, Md., Henry St. John Fitzgerald, Tolbert, Smith, Fitzgerald & Ramsey, Arlington, Va., for debtor.

Leo Greenfield, Greenfield & DuVal, North Miami, Fla., Harvey M. Lebowitz, Baltimore, Md., for Lou Poller, Landmark Plaza Associates and Landmark Palace Associates.

Michael Cook, Skadden, Arps, Slate, Meagher & Flom, New York City, Michael McGettigan, Murphy, McGettigan, McNally & West, P.C., Alexandria, Va., for Creditors' Committee.

Charles A. Docter, Docter, Docter & Salus, Washington, D.C., for Creditors' Committee of Senior Subordinated Noteholders.

K. Rodney May, Washington, D.C., for S.E.C.

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

This case presents an involved and somewhat unusual factual background as well as a series of complex issues for determination.

The debtor is a real estate investment trust ("the Trust"). Beginning in 1971, the Trust made a series of loans to Lou Poller and several partnerships in which he was involved, all collectively referred to hereafter as "Poller". Three of the loans were to finance...

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