IN RE WILLOWOOD EAST APARTMENTS OF INDIANAPOLIS

Bankruptcy No. 2-90-00155.

117 B.R. 320 (1990)

In re WILLOWOOD EAST APARTMENTS OF INDIANAPOLIS II, LTD., Debtor.

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

April 30, 1990.


Attorney(s) appearing for the Case

Thomas C. Scott, Richard K. Stoval, Thompson, Hine and Flory, Columbus, Ohio, for Lincoln Nat. Bank & Trust Co.

Kenneth R. Cookson, Carlile, Patchen, Murphy & Allison, Columbus, Ohio, for Debtor.

Marilyn Shea-Stonum, Jones, Day, Reavis & Pogue, Columbus, Ohio.

Jay Alix, Southfield, Mich., Trustee for Cardinal Industries, Inc.

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

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

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.

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.

James H. Bownas, Cardinal Industries, Inc., Columbus, Ohio.


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

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before the Court upon the motion filed by Lincoln National Bank and Trust Company ("Lincoln") to excuse compliance by state court receiver with § 543 of the Bankruptcy Code. The motion was opposed by Willowood East Apartments of Indianapolis II, Ltd., a debtor and debtor-in-possession in this Chapter 11...

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