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IN RE FOXFIRE INN OF STUART FLORIDA, INC.

Bankruptcy No. 83-00601-BKC-TCB, Adv. No. 83-0393-BKC-TCB-A.

30 B.R. 30 (1983)

In re FOXFIRE INN OF STUART FLORIDA, INC., Debtor. HARBOUR BAY PLAZA ASSOCIATES LTD., Plaintiff, v. FOXFIRE INN OF STUART FLORIDA, INC., Defendant.

United States Bankruptcy Court, S.D. Florida.

May 25, 1983.

Attorney(s) appearing for the Case

Christine Hall, Fort Lauderdale, Fla., for plaintiff.

Philip L. Burnett, Fort Myers, Fla., for debtor/defendant.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff/landlord seeks stay relief under 11 U.S.C. § 362(d)(1) in order to continue pending eviction proceedings against the debtor/tenant. The debtor has responded and the matter was tried on May 17.

I find that the debtor defaulted upon its rental payments and on February 11, 1983, plaintiff elected to terminate the lease in accordance with its provisions (Paragraph 17.01) and...

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