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IN RE CLUBHOUSE INVESTMENTS, INC.

No. 09-61175.

451 B.R. 626 (2010)

In the matter of CLUBHOUSE INVESTMENTS, INC., Debtor. D. Robin Smith, Lane U. Smith, Movants v. Clubhouse Investments, Inc., Respondent.

United States Bankruptcy Court, S.D. Georgia, Statesboro Division.

July 8, 2010.

Attorney(s) appearing for the Case

Oscar B. Fears, III , Georgia Attorney General's Office, Atlanta, GA, for Georgia Dept. of Revenue.

C. Thompson Harley , Fletcher, Harley & Fletcher, LLP, Augusta, GA, for U.S. Small Business Administration.

Kathleen Home , Inglesby, Galligant, Home, Courington, Savannah, GA, Claudia Levitas , Atlanta, GA, for Huddle House, Inc.

Thomas C. James, III , James Bates Pope & Spivey, III, Macon, GA, Walter E. Jones , Balch & Bingham LLP, Atlanta, GA, John Burt Wilkerson, Jr. , James Bates Pope & Spivey LLP, Macon, GA, for Capital City Bank.

Scott J. Klosinski , Augusta, GA, for Clubhouse Investments, Inc.

Frank J. Perch, III , Hunter Maclean Exley & Dunn PC, Savannah, GA, Daniel E. Raskin , Atlanta, GA, for Sidney L. Raskin.

Hal Roach, Jr. , Hal Roach, Jr., PC, Statesboro, GA, for D. Robin Smith and Lane U. Smith.

R. Kenny Stone , Statesboro, GA, for Farmers and Merchants Bank.

Ruth H. Young , U.S. Attorney, Savannah, GA, for Internal Revenue Service.

MEMORANDUM AND ORDER ON MOTION FOR RELIEF FROM STAY

LAMAR W. DAVIS, JR., Bankruptcy Judge.

Debtor's case was filed on December 11, 2009. Its business consists of ownership and operation of multiple Huddle House franchise restaurants, all of which are located in the state of Georgia. D. Robin Smith and Lane U. Smith (the "Smiths" or "Movants"), as lessors, contend that they validly terminated their lease...

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