- 11 U.S.C.
In re Scharp
Nov
28
2011
Ruling
Relief from stay granted to allow creditor franchisee to continue eviction action.
Procedural posture
Creditor, a franchisor, sought relief from stay per 11 U.S.C.S. § 362 to continue its prosecution of an eviction action to oust debtor franchisee from a property on which movant's facility was located. Debtor opposed relief on the ground that the contractual arrangement between the parties was not a "true lease" and could not be assumed under 11 U.S.C.S. § 365, thereby foreclosing relief from stay.
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Court
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