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IN RE MT. CARMEL ENTERPRISES, INC.

Contested No. A, Related Case No. 1-84-03031.

51 B.R. 657 (1985)

In re MT. CARMEL ENTERPRISES, INC., Debtor. SIMON AND SIMON, an Ohio Partnership, Creditor, v. MT. CARMEL ENTERPRISES, INC., Debtor.

United States Bankruptcy Court, S.D. Ohio, W.D.

March 8, 1985.

Attorney(s) appearing for the Case

William T. Bartlett, Cincinnati, Ohio, for creditor.

Arthur J. Schuh, Cincinnati, Ohio, for debtor.

DECISION AND ORDER ON MOTION FOR RELIEF FROM STAY

BURTON PERLMAN, Bankruptcy Judge.

In this Chapter 11 case, a secured creditor of debtor, Simon and Simon, (hereinafter "creditor"), moves to have the stay which arose by reason of 11 U.S.C. § 362 lifted so that it may proceed against its collateral. Debtor resists the motion on grounds, first, that there is an executory contract involved which it has a right to assume pursuant to 11 U.S.C. § 365...

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