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IN RE KENDALL GROVE JOINT VENTURE

Bankruptcy No. 84-01757-BKC-TCB, Adv. No. 85-0180-BKC-TCB-A.

50 B.R. 64 (1985)

In re KENDALL GROVE JOINT VENTURE, a Florida General Partnership made up of Micar Development Corp., a Florida corporation, and Tasco Properties, N.V., a Netherlands Antilles corp., Debtor. KENDALL GROVE JOINT VENTURE, etc., Plaintiff, v. Raul J.A. MARTINEZ-ESTEVE, as Trustee, and Commercial El Batazo, C.A., Defendants.

United States Bankruptcy Court, S.D. Florida.

April 1, 1985.

Attorney(s) appearing for the Case

Frank R.S. Fabre, Coral Gables, Fla., for debtor/plaintiff.

Bernard Allen, Cohen, Brown, Reed, Ivans & Schwartz, Miami, Fla., for defendant, Raul J.A. Martinez-Esteve.

Robert G. Hewitt, Harper & Hewitt, Miami, Fla., for defendant, Comercial El Batazo, C.A.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff, chapter 11 debtor, seeks avoidance under 11 U.S.C. § 544 of an adverse decree of specific performance entered one month before bankruptcy against it as the vendor. It has sued not only the successful vendee, but also the holder, Batazo, of an unrecorded mortgage against the property in question. As to Batazo, the debtor also seeks avoidance of that mortgage lien under § 544...

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