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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Effective Date
1985-04-22

Other Sections in This Document (121)

Full Text

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In this case, the debtor-tenant has filed its Chapter 11 plan. That plan calls for the tenant’s proposed assignee to cure the default in pre-petition rent immediately upon the effective date of the plan. (Post-petition payments are already fully up to date.) The tenant’s proposal is in full compliance with 11 U.S.C. § 365. Hence, the landlord’s motion for relief from the stay so as to execute on its judgment for possession by obtaining issuance and execution of a writ of restitution must be denied.