MATTER OF ESCONDIDO WEST TRAVELODGE

Bankruptcy No. 84-663-P11, Civ. No. 84-2904.

52 B.R. 376 (1985)

In the Matter of ESCONDIDO WEST TRAVELODGE.

United States District Court, S.D. California,

June 19, 1985.


Attorney(s) appearing for the Case

Allan G. Lieb, San Diego, Cal., for appellant.

Dennis J. Wickham, Seltzer, Caplan, Wilkins & McMahon, San Diego, Cal., for appellee.


GORDON THOMPSON, Jr., Chief Judge.

This case comes before this Court on appeal from the U.S. Bankruptcy Court. The appellants, S & M Development and Sam Spizman, appeal a ruling denying their motion for relief from the automatic stay provisions of § 362(a) of the U.S. Bankruptcy Code (11 U.S.C. § 362(a)). For the reasons set forth below, this Court has concluded that the decision of the Bankruptcy court must be REVERSED.

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