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IN RE MERCHER'S ENTERPRISES, INC.

Bankruptcy No. 08-00651-8-JRL. Adversary Nos. L-08-00011-8-AP, L-08-00012-8-AP.

387 B.R. 681 (2008)

In re MERCER'S ENTERPRISES, INC, Debtor. Seascape at Wrightsville Beach, LLC, Plaintiff v. Mercer's Enterprises, Inc, Defendant. Mercer's Enterprises, Inc, Plaintiff v. Seascape at Wrightsville Beach, LLC, Defendant.

United States Bankruptcy Court, E.D. North Carolina, Wilmington Division.

May 8, 2008.

Attorney(s) appearing for the Case

James Oliver Carter, Carter & Carter, P.A., Kenneth A. Shanklin, Shanklin & Nichols, LLP, Wilmington, NC, for Plaintiffs.

George M. Oliver, Trawick H., Stubbs, Jr., Stubbs & Perdue, P.A., New Bern, NC, for Defendants.

ORDER

J. RICH LEONARD, Bankruptcy Judge.

These cases are before the court on the motions of Seascape at Wrightsville Beach, LLC (Seascape) for mandatory abstention pursuant to 28 U.S.C. § 1334(c)(2), for permissive abstention pursuant to 28 U.S.C. § 1334(c)(1), to remand the adversary proceedings to state court pursuant to Bankruptcy Rule 9027, and for relief from the automatic stay pursuant to 11 U.S.C. § 362 to complete the litigation in...

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