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IN RE SOUTH VILLAGE, INC.

Bankruptcy No. 82-00040, Civ. No. 82P-0200.

25 B.R. 987 (1982)

In re SOUTH VILLAGE, INC., Debtor. GENERAL ELECTRIC MORTGAGE CORPORATION, previously known as Amfac Mortgage Corporation, an Oregon corporation, Plaintiff, v. SOUTH VILLAGE, INC., a Utah corporation, Defendant.

United States Bankruptcy Court, D. Utah.

December 30, 1982.

Attorney(s) appearing for the Case

Irving Sulmeyer, John P. Eleazarian, Eldon L. Pesterfield, of Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, Cal., and Robert M. Anderson, Gregory K. Orme, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for General Elec. Mortgage Corp.

William T. Thurman, Stephen W. Rupp, of McKay, Burton, Thurman & Condie, and Duane Smith, of Sessions, Moore & Smith, Salt Lake City, Utah, for debtor.

MEMORANDUM OPINION ON OPPORTUNITY COST AND ADEQUATE PROTECTION

RALPH R. MABEY, Bankruptcy Judge.

INTRODUCTION AND BACKGROUND

South Village, Inc. (debtor), the owner of a shopping mall, filed a petition under Chapter 11 on January 11, 1982. General Electric Mortgage Corporation (GEMC), a lienor on the mall, filed a complaint for relief from the stay on March 2. A preliminary evidentiary hearing was held March 24. The evidence showed that, as of...

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