CASE NO. BK10-80177-TJM.United States Bankruptcy Court, D. Nebraska.
May 4, 2010
ORDER
TIMOTHY MAHONEY, Chief Judge
Hearing was held in Omaha, Nebraska, on April 5, 2010, regarding Filing #26, Motion for Relief from Stay, filed by 140th Center Streets, L.L.C., and Filing #42, Resistance, filed by the debtor. David Hicks appeared for the debtor and Mark LaPuzza appeared for 140th Center Streets, L.L.C.
The court deferred ruling on the motion for relief filed by the debtor’s landlord until the cash collateral issues were resolved. An order has been entered at Filing #68 approving the stipulation for the use of cash collateral and adequate protection filed by the debtor and Mutual First Federal Credit Union. Therefore, the motion for relief from the automatic stay is ripe.
1. By May 14, 2010, the debtor shall replace the check payable to the landlord for the February rent.
2. By May 14, 2010, the debtor shall cure the post-petition pro rata rent delinquency for January covering the petition date through the last day of the month.
3. By May 14, 2010, the debtor shall make the rent payment for the month of May in at least the base rent amount.
4. By May 14, 2010, the debtor shall pay the post-petition CAM charges, real estate tax charges, and any other miscellaneous fees which are in dispute, or file an adversary proceeding or appropriate motion to bring the disputed issue before the court.
5. Failure to perform any of the actions listed above will result in relief from the stay being granted upon request of the movant.
SO ORDERED.