In re Roback

Full title: In re ZAFER ROBACK CAROLYN ANN ROBACK d/b/a MISS ANN'S GROUP HOME DAYCARE…

Court: United States Bankruptcy Court, E.D. Tennessee

Date published: Jan 10, 2002

Case No. 01-32078 (Bankr. E.D. Tenn. Jan. 10, 2002)

Opinion

Case No. 01-32078

January 10, 2002

ORDER

RICHARD STAIR JR., United States Bankruptcy Judge

For the reasons stated in the memorandum opinion dictated from the bench on January 10, 2002, containing findings of fact and conclusions of law as required by FED. R. Civ. P. 52 (a), the court directs that the Motion for Modification of Order of Relief from Automatic Stay filed December 18, 2001, by Sterling P. Owen, IV, seeking relief from certain provisions of the June 25, 2001 Order of Relief from Automatic Stay entered in favor of Fremont Investment Loan, is DENIED.

Notwithstanding that the Trustee's Motion for Modification of Order of Relief from Automatic Stay has been denied, the court further directs that the language the Trustee sought to remove from the June 25, 2001 Order of Relief from Automatic Stay, "that the Trustee has abandoned or does abandon his interest in said real property," is mere surplusage. The 2819 Wimpole Avenue, Knoxville, Tennessee property, which was the subject of the order, has not been abandoned by the Trustee and remains property of the estate.

SO ORDERED.