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IN RE GUARDIAN MORTG. INVESTORS

No. 81-806-Civ-J-B.

15 B.R. 284 (1981)

In re GUARDIAN MORTGAGE INVESTORS, Debtor. GUARDIAN MORTGAGE INVESTORS, Appellant, v. SUNSET VILLAS PHASE III CONDOMINIUM ASSOCIATION, INC., a Florida corporation, Richard Ashenoff and Mario Fernandez, Appellees.

United States District Court, M.D. Florida, Jacksonville Division.

October 16, 1981.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, James H. Post, Smith & Hulsey, Jacksonville, Fla., for appellant.

Joseph M. Matthews, Murai, Wald & Biondo, Miami, Fla., for appellees.

OPINION

SUSAN H. BLACK, District Judge.

This cause is before the Court on appeal from a Summary Final Judgment entered on June 29, 1981, by the Bankruptcy Court for the Middle District of Florida, Jacksonville Division. The case presents the sole issue of whether the act of a creditor filing a complaint seeking termination of the automatic stay imposed by the Bankruptcy Act constitutes a valid proof of claim so that the creditor's claim is not discharged...

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