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IN RE SOMBRERO REEF CLUB, INC.

Bankruptcy No. 80-01266-BKC-JAG, Adv. No. 81-0363-BKC-JAG-A.

15 B.R. 177 (1981)

In re SOMBRERO REEF CLUB, INC., d/b/a Latitude 24° Club Resort and d/b/a Latitude 24° Vacation Club, a Florida Corporation, Debtor. SOMBRERO REEF CLUB, INC., d/b/a Latitude 24° Club Resort and d/b/a Latitude 24° Vacation Club, a Florida Corporation, Plaintiff, v. Ferdinand J. STACKEL, Defendant.

United States Bankruptcy Court, S.D. Florida.

November 5, 1981.

Attorney(s) appearing for the Case

Stephen H. Judson, Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, Fla., for defendant.

Law Offices of Samuel L. Heller, Fort Lauderdale, Fla., for plaintiff.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This is an adversary proceeding brought by Sombrero Reef Club, Inc., a debtor-in-possession in this court, as seller, seeking to obtain as liquidated damages the deposit made by defendant purchaser on a contract. The defendant counterclaimed for the return of his deposit. This court concludes that the plaintiff must prevail.

FACTS

In the course of the chapter 11 administration...

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