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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Effective Date
1985-04-22

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itself, for cases where the tenant’s “default in payment of rent is willful, calculated and persistent,” 54 A.2d at 146, does not apply here. Indeed, the landlord’s counsel acknowledged and conceded at the January 16, 1985 hearing that the notice of termination in this case was grounded solely on failure to pay the base rent, and made no mention of any default in payment of additional rent calculated on a percentage of receipts, simply because the landlord knew the tenant was in severe financial straits. Hearing, 1/16/85, Tr. 33-34.