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IN RE LUTZ

Bankruptcy No. 87-00173.

82 B.R. 699 (1988)

In re Ronald E. LUTZ and Sandra M. Lutz, Debtors. SPRUCE LIMITED PARTNERSHIP t/a Spruce Park Apartments, Movant, v. Ronald E. LUTZ, Sandra M. Lutz, and Leon P. Haller, Trustee for the Estate, Respondents.

United States Bankruptcy Court, M.D. Pennsylvania.

As Amended February 22, 1988.

Attorney(s) appearing for the Case

Joyce A. Nettke, Lebanon, Pa., for debtor.

John R. Kelsey, III, Lebanon, Pa., for Spruce Limited, movant.

Leon P. Haller, Harrisburg, Pa., for trustee.

MEMORANDUM

ROBERT J. WOODSIDE, Bankruptcy Judge.

Before the court is the Motion of Spruce Limited Partnership t/a Spruce Park Apartments (hereinafter "Spruce Park") to Lift the Automatic Stay imposed by section 362 of the Bankruptcy Code. As the debtors' landlord, Spruce Park seeks to have the stay lifted so that it can resume state proceedings to evict the debtors for non payment of rent. The matter has been heard and briefed and is now ready for decision...

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