IN RE RUSH

Bankruptcy No. 80-01949G, Adv. No. 80-0507G.

9 B.R. 197 (1981)

In re Joyce A. RUSH, Debtor. OAK SUMMIT APARTMENTS (Chelwyn Associates), Plaintiff, v. Joyce A. RUSH, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 19, 1981.


Attorney(s) appearing for the Case

Mark C. Schultz, Norristown, Pa., for plaintiff, Oak Summit Apartments (Chelwyn Associates).

Lawrence H. Rudnick, Willow Grove, Pa., for debtor/defendant, Joyce A. Rush.

Jonathan H. Ganz, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether we should grant relief from the automatic stay provisions of § 362 of the Bankruptcy Code to permit a landlord to recover premises leased by it to the debtor. We conclude that the landlord is entitled to the requested relief "for cause" in that the debtor breached the lease by failing to pay rent for four months prior to filing a petition for relief under Chapter 7 of the Bankruptcy...

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