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IN RE EAGLE CREEK SUBDIVISION, LLC

No. 08-04292-8-JRL.

397 B.R. 758 (2008)

In re EAGLE CREEK SUBDIVISION, LLC, Debtor.

United States Bankruptcy Court, E.D. North Carolina.

December 3, 2008.

Attorney(s) appearing for the Case

Laurie B. Biggs, Stubbs & Perdue, PA, Raleigh, NC, Trawick H Stubbs, Jr., Stubbs & Perdue, P.A., New Bern, NC, for Debtor.

ORDER

J. RICH LEONARD, Bankruptcy Judge.

This case is before the court on the debtor's motion to assume executory contracts with Eastwood Construction Co., Inc. ("Eastwood"). The court conducted a hearing on this matter in Raleigh, North Carolina on October 31 and November 3, 2008. This order confirms and provides the rationale for the oral ruling at the conclusion of the hearing denying the motion.

The debtor filed a petition for relief under...

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