IN RE EURO-AMERICAN LODGING CORP.

No. 06-11325(SMB).

357 B.R. 700 (2007)

In re EURO-AMERICAN LODGING CORPORATION, Alleged Debtor.

United States Bankruptcy Court, S.D. New York.

January 9, 2007.


Attorney(s) appearing for the Case

White & Case LLP, Howard S. Beltzer, Glenn M. Kurtz, Scott Greissman, Douglas P. Baumstein, of counsel, New York, NY, for Petitioner, CDR Créances S.A.

Cole, Schotz, Meisel, Forman & Leonard, P.A., Joshua J. Angel, Neil Y. Siegel, Frederick E. Schmidt, of counsel, New York, NY, for Alleged Debtor.

Kaye Scholer LLP, Madlyn Gleich Primoff, David Eskew, of counsel, New York, NY, for Gilles Gauthier.


POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

STUART M. BERNSTEIN, Chief Judge.

This is an atypical single asset real estate bankruptcy case. CDR Créances S.A. ("CDR"), a mortgagee, filed this involuntary chapter 7 case against Euro-American Lodging Corporation ("EALC"), its mortgagor, at the same time that CDR was pursuing foreclosure in state court. EALC, the alleged debtor, opposes the petition. The principal issue is whether EALC had 12 or...

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