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IN RE SEA GARDEN MOTEL AND APARTMENTS

Civ. Nos. 95-4839(GEB), 95-4843(GEB).

195 B.R. 294 (1996)

In re SEA GARDEN MOTEL AND APARTMENTS, Debtor. BERKELEY FEDERAL BANK & TRUST, Appellant, v. SEA GARDEN MOTEL AND APARTMENTS, Appellee/Cross-Appellant.

United States District Court, D. New Jersey.

February 20, 1996.

Attorney(s) appearing for the Case

Richard Alan Barkasy, Louis R. Moffa, Jr., Schnader, Harrison, Segal & Lewis, Cherry Hill, NJ, for Chemical Bank and Berkeley Federal Bank & Trust.

Barry Warren Frost, Teich, Groh & Frost, Trenton, NJ, for Sea Garden Motel and Apartments.

MEMORANDUM OPINION

BROWN, District Judge.

This matter comes before the Court on the appeal of Berkeley Federal Bank and Trust ("Appellant"), as assignee of Chemical Bank ("Chemical"), of two Bankruptcy Court Orders: the August 7, 1995 Order Denying Motion for Relief from the Automatic Stay ("August 7th Order"), and the August 8, 1995 Order Confirming Chapter 11 Plan ("August 8th Order"). The Bankruptcy Court entered both Orders after the August

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