Federated Stores Realty, Inc. v. Final Touch Boutique, Inc. (In Re Final Touch Boutique, Inc.)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This matter was tried before the court on October 9, 1980 on the plaintiff-landlord’s complaint for modification of stay in order that it might complete its state court eviction suit or for adequate assurance (C. P. No. 1) and on the defendant-debtor’s answer and affirmative defenses thereto (C. P. No. 3).

Plaintiff Federated Stores Realty, Inc. was the developer and owner of a mall-type shopping center (Broward Mall) in which the defendant-debtor, The Final Touch Boutique, Inc., was a tenant. At all times pertinent the plaintiff…