United States Bankruptcy Court, S.D. New York January 9, 2007, 19-10464 (In Re Euro-American Lodging Corp.)

POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

STUART M. BERNSTEIN, Chief Judge.

This is an atypical single asset real estate bankruptcy case. CDR Créances S.A. (“CDR”), a mortgagee, filed this involuntary chapter 7 case against Euro-American Lodging Corporation (“EALC”), its mortgagor, at the same time that CDR was pursuing foreclosure in state court.