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IN RE COWSERT

Bankruptcy No. 81-00056-BKC-JAG, Adv. No. 81-0089-BKC-JAG-A.

14 B.R. 335 (1981)

In re Hershel L. COWSERT and Catherine A. Cowsert, Debtors. ELGIN STATE BANK, Plaintiff, v. Hershel L. COWSERT, Catherine A. Cowsert and Herbert Freehling, Trustee, Defendants.

United States Bankruptcy Court, S.D. Florida.

August 14, 1981.

Attorney(s) appearing for the Case

Allen M. Anderson, South Elgin, Ill., Neil J. Berman, Miami, Fla., Schaffner & Castillo, Elgin, Ill., for plaintiff.

Gerry L. Dondanville, Pompano Beach, Fla., for debtors.

Reggie David Sanger, Fort Lauderdale, Fla., for trustee.

Herbert Freehling, Fort Lauderdale, Fla., trustee.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This adversary proceeding came to trial on the first count only of plaintiff Elgin State Bank's complaint. That count seeks relief from the automatic stay of 11 U.S.C. § 362(a) so that Elgin State may continue with its state court foreclosure action against a condominium unit owned by the debtors.

Another complaint to lift stay, Adversary Case No. 81-0159-BKC-JAG-A, tried shortly...

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