Legal Opinion

Staffmark Investment LLC v. Foote (In Re Foote)

United States Bankruptcy Court, E.D. Arkansas

Decided April 3, 2002No. 4:02-BK-11975 EPublished

1Opinion of the Court

ORDER GRANTING MOTION FOR RELIEF FROM STAY.

AUDREY EVANS, Bankruptcy Judge.

The issue before the Court is whether the Debtor has an interest in a certain sublease of nonresidential real property such that the automatic stay precludes the sublessor, Staffmark Investment, LLC (“Staffmark”), from pursing an unlawful detainer action against Debtor in state court. A hearing was held on Staffmark’s Motion For Relief From the Automatic Stay on March 21, 2002, and the Court took the matter under advisement.

This is a core proceeding under 28 U.S.C. § 157(b)(2)(G), although principles of state law govern…

2Cases cited15 opinions

  1. Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
  2. In The Matter Of Fontainebleau Hotel CorporationCourt of Appeals for the Fifth Circuit · 1975
  3. Hosey v. BurgessSupreme Court of Arkansas · 1995
  4. Jewell v. General Air Conditioning Corp.Supreme Court of Arkansas · 1956
  5. Matter of Escondido West TravelodgeDistrict Court, S.D. California · 1985

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