UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
Case No. 6:05-bk-13356-ABB
This matter came before the Court on the
Amended Motion for Relief from the Automatic
Stay1 (“Motion”) filed by Seven R. J’Meier and
Amina L. J’Meier (collectively, the “Movants”), and
the Debtor’s Response to Amended Motion for Relief
from the Automatic Stay (“Debtor’s Response”)2
filed by Hueh-Ching Lowry, the Debtor herein (the
“Debtor”). An evidentiary hearing was held on
February 6, 2006. The Movants were granted leave
to file a reply to the Debtor’s Response and they
timely filed a Rebuttal to Debtor’s Response.3 After
reviewing the pleadings and evidence, hearing live
testimony and argument, and being otherwise fully
advised in the premises, the Court makes the
following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
The Debtor owns real property located at
14337 Sports Club way, Orlando, Florida 32837 (the
“Property”). She entered into a Contract for Sale and
Purchase (“Contract”) with the Movants on or about
May 13, 2005 for the sale of the Property to the
Movants for $340,000.4 The Contract provides for
remedies in the event that either party fails to
perform.5 If the Seller/Debtor “fails, neglects or
refuses to perform” the Contract, the Movants “may
seek specific performance or elect to receive the
return of their deposit(s) without thereby waiving any
action for damages resulting from Seller’s breach.”6
Closing was to occur on June 27, 2005. The Contract
did not close and the Movants instituted a suit against
the Debtor in state court in Orange County, Florida
seeking specific performance of the Contract. The
1 Doc. No. 15.
2 Doc. No. 19.
3 Doc. No. 23.
4 Doc. No. 11, Exhibit A.
5 Id. at ¶S. Failure of Performance.
Movants contend the