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IN RE PAN TRADING CORP., S.A.

Bankruptcy No. 87-B-11662 (PBA), Adv. No. 88-5968.

125 B.R. 869 (1991)

In re PAN TRADING CORPORATION, S.A., Debtor. Robert FISHER, as Trustee of the Estate of Pan Trading Corporation, S.A., Plaintiff, v. The NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Defendant.

United States Bankruptcy Court, S.D. New York.

April 16, 1991.

Attorney(s) appearing for the Case

Orenstein, Musoff & Orenstein by Keith S. Orenstein, New York City, Sp. Counsel, for Robert Fisher as trustee of Estate of Pan Trading Corp., S.A.

Corporation Counsel, City of New York by Peter L. Zimroth, Rita D. Dumain, New York City, for The New York City Dept. of Housing Preservation and Development.

Wilkie, Farr & Gallagher by Gary Hirsch, New York City, for Women in Need, Inc.

MEMORANDUM DECISION ON MOTION FOR SUMMARY JUDGMENT

PRUDENCE B. ABRAM, Bankruptcy Judge.

Robert Fisher ("Trustee"), the Chapter 7 Trustee of Pan Trading Corporation, S.A. ("Pan"), has filed a complaint against the New York City Department of Housing Preservation and Development ("HPD") alleging three causes of action. In the first cause of action, the Trustee seeks to recover a $25,000 pre-petition payment made to HPD by Pan as a penalty for New York City...

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