MDC Systems, Inc.

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: : Chapter 7
MDC SYSTEMS, INC. :
:
Debtor(s) : Bky. No. 08-14669ELF
O R D E R
AND NOW, upon consideration of the Objection (“the Objection”) to the Proof of Claim
of Brandywine Operating Partnership, L.P. (Proof of Claim No. 4), filed by Graf & Graf, P.C.
(“the Objector”), and after a preliminary hearing, and upon consideration of the written
submissions of the Objector and Michael Kaliner, the chapter 7 Trustee (“the Trustee”),
It is hereby ORDERED that:
1. The Objection is DISMISSED WITHOUT PREJUDICE.
2. If the Trustee raises an estate sufficient to provide for a distribution to general unsecured
creditors, the Objector retains the right, in the future, to seek court authority to re-assert the
Objection on behalf of the bankruptcy estate consistent with the principles set forth in Fred
Reuping Leather Co. v. Fort Greene Nat. Bank, 102 F.2d 372, 372-73 (3d Cir. 1939) (general
creditor of debtor has no right to contest another creditor's unless without court permission
and unless the trustee has refused to do so) and In re Morrison, 69 B.R. 586, 589 (Bankr. E.D.
Pa. 1987) (creditor seeking to exercise Trustee’s powers on behalf of the estate must obtain
permission from the court and must establish that the Trustee’s failure to act is an abuse of
discretion).
Date: July 7, 2009
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
Case 08-14669-elf Doc 120 Filed 07/07/09 Entered 07/07/09 11:09:30 Desc Main
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