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IN RE VALLEY FORGE PLAZA ASSOCIATES

Bankruptcy No. 89-11136S, Adv. No. 93-0272S.

159 B.R. 161 (1993)

In re VALLEY FORGE PLAZA ASSOCIATES, Debtor. COMMITTEE DISBURSING AGENT, Plaintiff, v. RESOLUTION TRUST CORPORATION, as Receiver for Hill Financial Corporation, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 10, 1993.

Attorney(s) appearing for the Case

Kevin Canavan, Philadelphia, PA, for plaintiff.

Peter C. Cilio, Philadelphia, PA, Robert Levin, Adelman, Lavine, Gold & Levin, Philadelphia, PA, for debtor.

Stuart M. Brown, Buchanan Ingersoll, P.C., Philadelphia, PA, for Creditors' Committee.

Frederic Baker, Philadelphia, PA, Asst. U.S. Trustee.

Paul Scheuritzel, Toll, Ebby, Langer & Marvin, Philadelphia, PA, for VFPA Guarantor Trust.

Lester Yassky, Gen. Counsel, Dai-Ichi Kangyo Bank, Ltd., New York City, for Dai-Ichi Kangyo Bank.

Elliott Solomon, Hebb & Gitlin, Hartford, CT, for Connecticut Gen. Life Ins. Co.

Robert J. Hoelscher, Drinker, Biddle & Reath, Philadelphia, PA, for Midlantic Nat. Bank.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

Presently before this court for resolution is a Motion ("the Motion") filed by Hill Financial Savings Association ("Hill") and the Resolution Trust Company, as receiver for Hill ("the RTC") (collectively Hill and the RTC are referenced as "the Defendants"), seeking to dismiss an adversary Complaint filed against the RTC by the Committee Disbursing Agent ("the CDA") of VALLEY FORGE...

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