Fineberg v. Cowboy's, Inc. (In Re Cowboys, Inc.)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

In this adversary proceeding, the landlord seeks a modification of the automatic stay of § 362 of the Bankruptcy Code so as to permit the landlord to complete his tenant eviction proceedings, or for adequate protection.

The debtor had possession of the premises pursuant to a lease agreement (Exhibit A attached to the complaint). It failed to make monthly payment of rent for February and March, 1982. The plaintiff filed an action for tenant eviction in the County Court in Broward County which resulted in the entry of a Final Default…