IN RE MARILYN STEINBERG ENTERPRISES INC.

Bankruptcy No. 91-12726F, Adv. No. 91-1055F.

141 B.R. 587 (1992)

In re MARILYN STEINBERG ENTERPRISES INC. t/a Maternity Mart and Warehouse, Debtor. Mitchell W. MILLER, Trustee, Plaintiff, v. Marilyn STEINBERG, Jerome Bercun, and Philadelphia National Bank, incorporated as CoreStates Bank, N.A., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 17, 1992.


Attorney(s) appearing for the Case

Alexander N. Rubin, Jr., Daniel B. Pierson, V, Leslie Beth Baskin, Rubin, Quinn, Moss, Heaney & Patterson, P.C., Philadelphia, Pa., for trustee Mitchell W. Miller.

David L. Braverman, Linda J. Fellen, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, Pa., for CoreStates Bank, N.A.

George T. Bruckman, Neil H. Ackerman, Finkelstein, Bruckman, Wohl, Most & Rothman, New York City., for defendant Jerome Bercun.

Marvin Krasny, David Doret, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for defendant Marilyn Steinberg.


MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

Before me for resolution is defendant CoreStates' motion to dismiss counts 2 and 3 of the instant complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), incorporated in these proceedings by Bankruptcy Rule 7012, for failure of the plaintiff to state a claim upon which relief may be granted. This motion raises issues much discussed by other courts but not considered in this district since In re...

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