FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT CONDITIONALLY DENYING PLAINTIFF’S COMPLAINT FOR RELIEF FROM THE AUTOMATIC STAY
Plaintiff brings this action pursuant to § 362(d)(1) of the Bankruptcy Code, seeking *16relief from the automatic stay for the purpose of taking into its possession the premises leased from it by defendant, upon which defendant conducts its principal business operations. The hearing was initially set by the court for February 28, 1980, a time within the 30-day period established by § 362(e) of the Code for the conducting of the initial hearing. But, upon written motion and express waiver of the 30-day requirement, the court reset the hearing for March 12, 1980. On that date, the hearing was held.1 Applying the rules governing admissibility and weight of evidence to the evidence then adduced warrants the following material factual findings.
Findings of Fact
On April 13,1978, the parties entered into a written agreement whereby the defendant agreed to lease from the plaintiff, for a 36-month period ending in April 1981 the premises in question. Different payments for different time periods were specified in the lease agreement.2
As of December 19, 1979, the defendant was at least3 $12,550 in arrears in its lease payments. On that date, in an unlawful detainer action previously commenced by the plaintiff in the Circuit Court of Jackson County, a judgment was issued, under the terms of which plaintiff was to have and recover the $12,550 in back rent from defendant and to be restored to possession of the premises on or before January 18,1980.4 In the meantime, however, the defendant filed its chapter 11 petition herein on January 11, 1980, thus preventing enforcement of the state court judgment. See §§ 362(a)(2) and (a)(3) of the Bankruptcy Code, further discussed infra. Since January 11, 1980, the defendant has kept up the current payments required by the lease, but has not undertaken any effort to cure the default of $12,550. The plaintiff, unable to repossess the property, has retained the services of a realtor in an attempt to sell the property. But, to date, apparently partly5 because of the pending chapter proceedings and the superabundance of the *17smoke emitted from the defendant’s operations, the realtor has not been able to interest any prospective buyer in the premises. Nevertheless, it is the opinion of this realtor that, over the next six months, the market value of the premises should not appreciably decline, provided there is no significant change in market conditions and so long as the smoke damage, which is reparable, is cleaned up. Further, the evidence of defendant is uncontradicted to the effect that continuation of its business on the subject premises is vital to its successful reorganization under chapter 11 and that the cost and disruption of moving to other premises would render impossible the consummation of any reasonable plan of arrangement.
Conclusions of Law
Sections 362(a)(2) and (a)(3) of the Bankruptcy Code respectively stay any actions to enforce pre-petition judgments and to take any property “from the estate” (as well as “of the estate”).6 This language by logical necessity contemplates the enforced use by a debtor in a chapter case of property not owned by it but in its possession and essential to its successful consummation of a plan of reorganization. Similarly, the nullification of the means of enforcement of a pre-petition judgment necessarily erases the effect of the state court judgment for possession. Against this compelling and inevitable, as well as practical and direct, effect of the statute, the plaintiff’s argument that there is presently no lease to enforce is obviously unavailing. The provisions of the lease itself contain nothing which, in the absence of the judgment, would cause its automatic termination. In fact, the evidence shows that late payments may ordinarily be tolerated at the price of the payment of “late charges.”7
Thus, as of the date of the order for relief herein, the lease must be deemed a viable instrument, provided the defaults are cured in short order and the debtor plans otherwise to comply with its terms, as the debtor has explicitly indicated its intention to do in this case.8
But law and equity both9 require that, if relief from the automatic stay is to be denied, provision must be made to cure the defaults and to protect fully the interests of the plaintiff. Full and adequate protection, it appears from the facts which have been found above, can be offered to the plaintiff on the conditions that (1) the defendant *18cure its default by making up the arrearage within the six-month period during which it is unlikely, according to the uncontradicted evidence, that the fair market value of the property will diminish and (2) the defendant otherwise bring itself into compliance with and otherwise adhere to the conditions of the lease, particularly those whereby it affirmatively undertakes to maintain the subject premises in good repair.10 In default of its doing so, the plaintiff may, on a proper showing of the necessity for repairs and the amount of money required to make them,11 be authorized to incur an administrative expense against the chapter estate for this purpose.
It is therefore, for the foregoing reasons.
ADJUDGED that the plaintiff’s claim for relief from the automatic stay be, and it is hereby, denied on the conditions (1) that defendant, beginning April 1, 1980, and on the first day of each month thereafter, pay the sum of $2,091.67, in addition to the regular monthly lease payments, to plaintiff until the total of those additional payments shall equal the sum of $12,550 and (2) that defendant otherwise bring itself into compliance and comply with the terms of the subject lease agreement.