Legal Opinion

Sky Top Enterprises, LLC v. Citrus Tower Boulevard Imaging Center, LLC (In Re Citrus Tower Boulevard Imaging Center, LLC)

United States Bankruptcy Court, N.D. Georgia

Decided September 19, 2011No. 19-51788Published

1Opinion of the Court

ORDER MODIFYING THE AUTOMATIC STAY FOR THE LIMITED PURPOSE OF CONCLUDING PENDING LITIGATION IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA TO DETERMINE THE AMOUNT OF PRE-PETITION RENT OWING

MARY GRACE DIEHL, Bankruptcy Judge.

Prior to the Debtor’s Chapter 11 filing, the Debtor and its landlord were engaged in state court litigation. The landlord sought to evict Debtor and to determine damages under the lease. Debtor raised a setoff defense based on substantial improvements Debtor made to the building. The presiding state court judge heard two days of…

2Cases cited13 opinions

  1. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  2. In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
  3. Summit Investment and Development Corporation v. Edward G. Leroux, Jr., Summit Investment and Development Corporation v. Albert F. Curran, Sr.Court of Appeals for the First Circuit · 1995
  4. In Re Pro Football Weekly, Inc.District Court, N.D. Illinois · 1986
  5. In Re BrownUnited States Bankruptcy Court, N.D. Florida · 2006

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