In Re Surfside Resort and Suites, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JERRY A. FUNK, Bankruptcy Judge.

This case came before the Court upon Debtor’s Motion for Authority to Reject Executory Contract (the “Motion to Reject”). The Court conducted hearings on the matter on January 13, 2005 and February 10, 2005. In lieu of oral argument, the Court directed the parties to submit mem-oranda. Upon the evidence and the arguments of the parties, the Court makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

Debtor is the owner and operator of an oceanfront hotel located in Ormond Beach, Florida (the “Hotel”).…