IN RE POPLAR SPRINGS APARTMENTS OF ATLANTA, LTD.

Bankruptcy Nos. 2-89-01863, 2-89-01865.

103 B.R. 146 (1989)

In re POPLAR SPRINGS APARTMENTS OF ATLANTA, LTD., Poplar Springs Apartments of Atlanta II, Ltd., Debtors.

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

June 13, 1989.


Attorney(s) appearing for the Case

Robert J. Sidman, Vorys, Sater, Seymour and Pease, Columbus, Ohio, for various creditors.

Myron N. Terlecky, Strip, Fargo, Schulman & Hoppers Co., L.P.A., Stephenie M. Vesper, Crabbe, Brown, Jones, Potts & Schmidt, Columbus, Ohio, for debtor.

David G. Heiman, Robert M. Duncan, Jones, Day, Reavis & Pogue, Columbus, Ohio, for Cardinal Industries, Inc. and Cardinal Industries of Florida, Inc.

Charles M. Caldwell, Office of the U.S. Trustee, Columbus, Ohio, Asst. U.S. Trustee.


OPINION AND ORDER ON MOTIONS TO EXCUSE STATE COURT RECEIVER'S COMPLIANCE WITH 11 U.S.C. § 543

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before the Court after a consolidated trial of two motions seeking to excuse a state court appointed receiver from complying with § 543 of the Bankruptcy Code. The motions were filed by Great Western Bank ("Great Western"), a creditor holding mortgages, security interests in personalty and rents and assignments...

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