Stars Over Gatlinburg, Inc. v. Tipton (In Re Tipton)

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This adversary proceeding was commenced October 1, 1981, by the plaintiff, Stars Over Gatlinburg, Inc., the lessee of certain property in Tipton Terrace Mall, seeking an adjudication of the rights of the plaintiff and the defendant, Richard Tipton, dba Tipton Terrace Mall, the lessor, arising from a leasehold agreement dated September 14, 1978. 1 Linda Tipton, Richard Tip-ton’s wife, averring that she is also the developer and lessor of the property known as Tipton Terrace Mall, intervened on October 23, 1981. In an Answer, Counter-Complaint and…