BANKRUPTCY No. 03-18978 SRUnited States Bankruptcy Court, E.D. Pennsylvania.
September 12, 2003
Albert A. Ciardi, III, Esquire, Philadelphia, PA, for Debtor
James W. Hennessey, Esquire, Philadelphia, PA, for Callowhill Center Associates
Laurence Mey, Esquire, Angel Frankel, New York, NY, for Callowhill Center Associates
Edmond George, Esquire, Obermayer, Rebmann Maxwell Hippel, Philadelphia, PA, for Creditors Committee
George Conway, Esquire, Philadelphia, PA, for Creditors Committee
ORDER
STEPHEN RASLAVICH, Bankruptcy Judge
AND NOW, upon consideration of the Motion of Callowhill Center Associates (“Callowhill”) to 1) Dismiss this Chapter 11 Case under 11 U.S.C. § 1112, 2) “suspend” proceedings in the case under 11 U.S.C, § 305(a)(1), or 3) in the alternative, modify the automatic stay as to Callowhill under 11 U.S.C. § 362(d)(1), and all responses thereto, and after hearings held on July 17, 2003, and August 14, 2003, it is hereby:
ORDERED, that the automatic stay under § 362 be and the same hereby is modified as to Callowhill such that it may proceed to exercise its rights under applicable non-bankruptcy law with respect to the recovery of premises formerly the subject of a lease between itself and the Debtor. A case management status hearing in this case shall be and hereby is scheduled for September 25, 2003 at 10:00 A.M., United States Bankruptcy Court, 900 Market Street, 2nd Floor, Courtroom No. 4, Philadelphia, Pennsylvania, 19107.
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