Newton v. Gibalski (In Re Gatlinburg Motel Enterprises)

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This is an action in which the trustee seeks damages from the defendant arising from the defendant’s alleged breach of a real estate sales contract. The parties have agreed the court may enter a final judgment in this proceeding subject to appellate review under 28 U.S.C.A. § 158 (West Supp.1990). The following constitutes the court’s findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052.

I

1. On March 23, 1987, Gatlinburg Motel Enterprises, Ltd., filed a petition for relief in this court pursuant to the provisions of chapter 11 of the…