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IN RE FLORIDA BRETHREN HOMES, INC.

Bankruptcy No. 88-01262-BKC-TCB.

88 B.R. 445 (1988)

In re: FLORIDA BRETHREN HOMES, INC., d/b/a the Palms of Sebring, Debtor.

United States Bankruptcy Court, S.D. Florida.

July 20, 1988.

Attorney(s) appearing for the Case

Daniel L. Bakst, West Palm Beach, Fla., for Creditors' Committee.

K. Rodney May, Foley & Lardner, van den Berg, Gay, Burke, Wilson & Arkin, Orlando, Fla., for debtor.

Mahoney, Adams, Milam, Surface & Grimsley, P.A. Paul I Perez, Jacksonville, Fla., for Barnett Banks Trust Co., N.A.

Michael L. Berry, Dept. of Ins., Tallahassee, Fla.

ORDER DENYING CREDITOR'S MOTION TO DISMISS

THOMAS C. BRITTON, Chief Judge.

A creditor has moved (CP 17) to dismiss this chapter 11 case under 11 U.S.C. § 109(b) and (d). These provisions disqualify "a domestic insurance company" from bankruptcy. The debtor has responded (CP 28) and the motion was heard May 31. The parties and the Florida Department of Insurance have each filed briefs. I now agree with the debtor that the motion should be denied.

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