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IN RE DUBLIN PROPERTIES

Bankruptcy No. 80-03020G, Adv. Nos. 81-0026G, 81-0027G.

12 B.R. 77 (1981)

In re DUBLIN PROPERTIES, a Limited Partnership, Debtor. FRANKFORD TRUST COMPANY, Plaintiff, v. DUBLIN PROPERTIES, a Limited Partnership, Defendant. In re DUBLIN PROPERTIES, a Limited Partnership, Debtor. OLNEY FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, v. DUBLIN PROPERTIES, a Limited Partnership, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 19, 1981.

Attorney(s) appearing for the Case

John Francis Gough, Stuart F. Ebby, Toll, Ebby & Gough, Philadelphia, Pa., for plaintiff, Frankford Trust Company.

Rush T. Haines, II, Ralph Rodak, Jack B. Justice, R. Leonard Davis, III, Drinker Biddle & Reath, Philadelphia, Pa., for plaintiff, Olney Federal Savings and Loan Association.

Nathan B. Feinstein, Richard M. Squire, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for defendants Dublin Properties, a Limited Partnership.

Andrew S. Hillman, Fidelcor, Inc., Philadelphia, Pa., for The Fidelity Bank.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether a debtor in a chapter 11 case under the Bankruptcy Code ("the Code") must introduce evidence of the feasibility of a plan of reorganization in order to survive a preliminary hearing for relief from the automatic stay under § 362(e) of the Code. We conclude that, where the debtor contends that relief from the stay should not be granted because the property which is sought to...

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