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IN RE FERNWOOD MARKETS

Bankruptcy No. 84-03218K, Adv. No. 86-1334S.

73 B.R. 616 (1987)

In re FERNWOOD MARKETS t/a The Salad Boat, Debtor. Louis S. ESPOSITO, Sr., Trustee, Plaintiff, v. TITLE INSURANCE CO. OF PA. and Commonwealth of Pennsylvania and Dept. of Labor and Industry and Louis Shrager and Sons and Nixon Uniform, Inc. and Federal Leasing Corp. and Robert L. Pinto, Esquire and Borough of East Lansdowne, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 22, 1987.

Attorney(s) appearing for the Case

Lawrence J. Tabas, Leona Mogavero, Philadelphia, Pa., for trustee.

John F. Murphy, Philadelphia, Pa., for Shrager.

Jack B. Justice, Philadelphia, Pa., for Title Ins. Corp. of Pa.

Jonathan H. Ganz, Philadelphia, Pa., for debtor.

Stuart M. Bliwas, Asst. Counsel, for Com. of Pa. Dept. of Labor and Industry, Office of Employment Sec.

Robert Lapowsky, Philadelphia, Pa., for Official Creditors' Committee.

James C. DelBello, Philadelphia, Pa., for Delaware County Tax Claim Bureau.

Mark Pinnie, Media, Pa., for Borough of East Lansdowne.

Louis J. Esposito, Philadelphia, Pa., trustee.

Virginia Powel, Ass't. U.S. Atty., Philadelphia, Pa., for U.S.

Salaman, Salaman & Cherwony, Philadelphia, Pa., for Soda Rental.

Gibbons, Buckley, Smith, Palmer & Proud, P.C., Media, Pa., for Rosemary Maychak.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The matters before us to be decided are (1) Whether a sale of real property which took place on March 25, 1986, per a court order which authorized the sale pursuant to 11 U.S.C. § 363(b), and which was contemplated by the Debtor's confirmed Chapter 11 Plan, is valid as to a judgment creditor who allegedly received no notice of the sale; and (2) If the sale is invalid, what effect will this have on the sale...

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