Construction Clearing House v. Mulkey of Missouri, Inc. (In Re Mulkey of Missouri, Inc.)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT CONDITIONALLY DENYING PLAINTIFF’S COMPLAINT FOR RELIEF FROM THE AUTOMATIC STAY

DENNIS J. STEWART, Bankruptcy Judge.

Plaintiff brings this action pursuant to § 362(d)(1) of the Bankruptcy Code, seeking relief from the automatic stay for the purpose of taking into its possession the premises leased from it by defendant, upon which defendant conducts its principal business operations. The hearing was initially set by the court for February 28, 1980, a time within the 30-day period established by § 362(e) of the Code for the conducting of the…