IN RE BLUEBERRY HILL APARTMENTS, LTD.

Bankruptcy No. 2-90-02108.

124 B.R. 59 (1990)

In re BLUEBERRY HILL APARTMENTS, LTD., Debtor.

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

October 19, 1990.


Attorney(s) appearing for the Case

Hywel Leonard, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., and Don Gardner, Keating, Muething & Klekamp, Cincinnati, Ohio, for Florida Federal.

Victor S. Krupman, Columbus, Ohio, for debtor.

James W. Boyle, Rec., Robert N. Lernor, Altamonte Springs, Fla.

Jay Alix, Southfield, Mich., Chapter 11 Trustee.

Michael L. Cook, Sally M. Henry, Skadden, Arps, Slate, Meagher & Flom, New York City, Gen. Counsel to the Trustee.

Marilyn Shea-Stonum, Jones, Day, Reavis & Pogue, Columbus, Ohio Sp. Counsel to the Trustee, and for Cardinal Retirement Management Group, Inc., Cardinal Acceptance Corp., Maxim Building Corp., Cardinal Advisory Group, Inc., and Columbus Const., Inc.

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

Lori Lapin Jones, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, and Leon Friedberg, Benesch, Friedlander, Coplan & Aronoff, Columbus, Ohio for the Official Committee of Unsecured Creditors of Cardinal Industries, Inc.

P. Steven Kratsch, Kilpatrick & Cody, Atlanta, Ga., for the Official Committee of Unsecured Creditors of Cardinal Industries of Florida, Inc.

Harvey S. Minton, Minton & Leslie, Columbus, Ohio, for Cardinal Industries of Georgia, Inc., Cardinal Industries Mortg. Co. and Cardinal Parts Service Co.

Charles J. Taunt, Birmingham, Mich., for Cardinal Industries Services Corp., Cardinal Industries of Florida Services Corp., Cardinal Industries of Georgia Services Corp., and Cardinal Furniture Leasing Co.

Thomas R. Noland, Altick & Corwin, Dayton, Ohio, for Cardinal Partnership Corp. and Cardinal Partner Corp.

Gary H. Cunningham, Schlussel, Lifton, Simon, Rands, Galvin & Jackier, Southfield, Mich., for Cardinal Lodging Group, Inc. and Cardinal Apartment Management Group, Inc.

Sara J. Daneman, Chester, Hoffman, Willcox & Saxbe, Columbus, Ohio, for Cardinal Industries Development Corp.


OPINION AND ORDER ON MOTIONS TO DISMISS, RELIEF FROM STAY AND TO EXCUSE THE RECEIVER'S COMPLIANCE WITH 11 U.S.C. § 543(b)

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before the Court upon the motions filed by Florida Federal Savings Bank ("Florida Federal") seeking to transfer this Chapter 11 case to the United States Bankruptcy Court for the Middle District of Florida, relief from the automatic stay, dismissal of this case, and to excuse the...

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