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IN RE COWSERT

Bankruptcy No. 81-00056-BKC-JAG, Adv. No. 81-0159-BKC-JAG-A.

14 B.R. 340 (1981)

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

United States Bankruptcy Court, S.D. Florida.

Order Denying Motion for Rehearing October 6, 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 S. Freehling, Fort Lauderdale, Fla., trustee.

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

In this adversary proceeding plaintiff, Elgin National Bank seeks a lifting of the automatic stay of 28 U.S.C. § 362(a) so that it may proceed to take possession of certain real property held in an Illinois land trust of which defendant-debtors are the beneficiaries. Elgin National is the land trustee as well as a creditor.

Another complaint to lift stay, Adversary Case No....

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