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MATTER OF SOUTHERN COMMUNITIES, INC.

Bankruptcy No. 85-3379.

57 B.R. 215 (1986)

In the Matter of SOUTHERN COMMUNITIES, INC., Debtor(s).

United States Bankruptcy Court, M.D. Florida, Tampa Division.

January 24, 1986.

Attorney(s) appearing for the Case

David J. Fischer, Cassiday, Schade & Gloor, Chicago, Ill., for debtor.

Sara R. Howard, c/o Cassiday, Schage & Gloor, Chicago, Ill., for Sole Shareholder and President.

Thomas B. Mimms, Jr., MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for First Florida Bank, N.A.

Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, Tampa, Fla., for Barnett Bank of Manatee County, N.A. and Equity Star, Ltd.

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS another instance, recurring with more and more frequency in this District, which involves a challenge of the right of a Debtor to maintain a Chapter 11 case. This challenge, usually interposed by a secured creditor who is frustrated by the automatic stay imposed by § 362 of the Bankruptcy Code, is based on the contention that the petition was filed in "bad faith", therefore, it is...

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