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IN RE STUART MOTEL, INC.

Bankruptcy No. 80-00064-BKC-JAG, Adversary No. 80-00075-BKC-JAG-A.

8 B.R. 50 (1980)

In re STUART MOTEL, INC., Debtor. COLUMBIA BANKING SAVING AND LOAN ASSOCIATION, Plaintiff, v. STUART MOTEL, INC., Defendant.

United States Bankruptcy Court, S.D. Florida.

December 9, 1980.

Attorney(s) appearing for the Case

Samuel S. Sorota, Steinberg, Sorota & Wohl, P.A., Miami Beach, Fla., for debtor.

Ronald A. Harbert, Mateer, Harbert, Bechtel & Phalin, P.A., Orlando, Fla., for Columbia Banking Saving & Loan Ass'n.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

In this adversary proceeding the plaintiff is the holder of the first mortgage on real property owned by the defendant-debtor, a motel which is the sole substantial asset of the debtor. Plaintiff seeks to have the court modify the automatic stay by permitting it to complete the foreclosure action in the State of Florida court which was instituted prior to and pending at the time the defendant-debtor...

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