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IN RE HERON POND, LLC

No. 00-14979.

258 B.R. 529 (2001)

In re HERON POND, LLC, Debtor.

United States Bankruptcy Court, D. Massachusetts.

January 18, 2001.

Attorney(s) appearing for the Case

Steven P. Perlmutter, Michael Enright, Clive D. Martin, Robinson & Cole, Boston, MA, for Emmes Capital, LLC.

Paul D. Moore, Donald Farrell, Duane, Morris & Heckscher, Boston, MA, Richard D. Belin, Foley, Hoag & Eliot, Boston, MA, for Heron Pond, LLC.

John J. Aquino, Anderson Aquino, LLP, Boston, MA, for the Official Committee of Unsecured Creditors.

PRELIMINARY BENCH DECISION ON MOTION OF EMMES CAPITAL, LLC, FOR RELIEF FROM STAY

WILLIAM C. HILLMAN, Chief Judge.

Heron Pond, LLC ("Debtor") filed its original Chapter 11 petition on July 25, 2000. Emmes Capital, LLC ("Emmes"), is the holder of a mortgage on real property of Debtor. On October 3, 2000, Emmes filed a motion for relief from the automatic stay seeking permission to continue with pending foreclosure proceedings against that property.

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