Legal Opinion

Citibank, N.A. v. Circle K Corp. (In re Circle K Corp.)

United States Bankruptcy Court, D. Arizona

Decided June 30, 1992No. Nos. B-90-5052-PHX-GBN to B-90-5075-PHX-GBN; Adv. No. 91-892-GBNPublished

1Opinion of the Court

MEMORANDUM OF DECISION

GEORGE B. NIELSEN, Jr., Bankruptcy Judge.

Debtors and Citibank, N.A., as agent for a group of banks (the “Bank Group”), exe*696cuted a stipulation for use of cash collateral and adequate protection. This stipulation permitted debtors to use cash collateral generated by the sale of inventory in the ordinary course of their business.

On May 16, 1991, the Court approved an amended stipulation for use of cash collateral. Paragraph 2(e) provides that proceeds of perfected cash collateral received by debtors, “other than in the ordinary course of business,” will be paid to the agent…

2Cases cited6 opinions

  1. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. Isaak v. Massachusetts Indemnity Life InsuranceArizona Supreme Court · 1981
  3. Johnston v. First Street Companies (In Re Waterfront Companies, Inc.)United States Bankruptcy Court, D. Minnesota · 1985
  4. McLane & McLane an Arizona Law Partnership William Lee McLane and Nola McLane v. The Prudential Insurance Company of America, a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 1984
  5. Sims Office Supply, Inc. v. Ka-D-Ka, Inc. (In Re Sims Office Supply, Inc.)United States Bankruptcy Court, M.D. Florida · 1988

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