AMENDED MEMORANDUM DECISION
MICHAEL S. McMANUS, Bankruptcy Judge.
The chapter 11 debtor and debtor in possession, Meadowbrook Estates, the plaintiff in this adversary proceeding, requests summary judgment. Defendant McElvany, Inc., however, asks this court to abstain from deciding the controversy presented in the complaint. Alternatively, the defendant asks that summary judgment be entered in its favor.
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