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IN RE OXFORD ROYAL MUSHROOM PRODUCTS, INC.

Bankruptcy No. 81-02434G, Adv. No. 84-0592G.

39 B.R. 948 (1984)

In re OXFORD ROYAL MUSHROOM PRODUCTS, INC., Debtor, Robert H. LEVIN, Trustee, Plaintiff, v. KELTON REALTY, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 14, 1984.

Attorney(s) appearing for the Case

Nathan Lavine, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., for plaintiff/trustee, Robert H. Levin.

Robert H. Levin, Adelman, Lavine, Krasny, Gold & Levin, Philadelphia, Pa., trustee.

Robert Lapowsky, Eric M. Hocky, Rubin Quinn & Moss, Philadelphia, Pa., for defendant, Kelton Realty, Inc.

William T. Windsor, Jr., Saul, Ewing, Remick & Saul, Philadelphia, Pa., for debtor, Oxford Royal Mushroom Products, Inc.

Lawrence J. Lichtenstein, Mesirov, Gelman, Jaffe, Cramer & Jamieson, and Allen B. Dubroff, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

Two issues are presented in the controversy at hand, the first of which is whether the postpetition recordation of a covenant that runs with a parcel of realty owned by the debtor is a violation of the automatic stay imposed by 11 U.S.C. § 362(a) of the Bankruptcy Code ("the Code"). The second issue is whether such a covenant must be recorded under Pennsylvania law in order to bind the estate or an entity...

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