Legal Opinion
Wilhite Pure Oil Truck Stop, Inc. v. McCutchen (In Re McCutchen)
United States Bankruptcy Court, W.D. Tennessee
Decided June 8, 1990No. 19-21755PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON ITS COMPLAINT TO ESTABLISH A LIEN ON RENTS AND ON DEBTOR’S MOTION FOR USE OF CASH COLLATERAL
WILLIAM H. BROWN, Bankruptcy Judge.
This core proceeding 1 is before the Court on the plaintiff’s Complaint to Establish a Lien on Rents and For Temporary Injunction 2 and the debtor-defendant’s related motion for use of cash collateral. At issue is whether, as a matter of law, the plaintiff’s claim to rental income and condemnation proceeds generated by real estate on which it holds a deed of trust is superior to that of the…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Wolters Village, Ltd. v. Village Properties, Ltd.Court of Appeals for the Fifth Circuit · 1984
- Saylors v. RiggsbeeTennessee Supreme Court · 1976
- In Re Multi-Group III Ltd. PartnershipUnited States Bankruptcy Court, D. Arizona · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Federal National Mortgage Ass'n v. Dacon Bolingbrook Associates Ltd. PartnershipDistrict Court, N.D. Illinois · 1993
- In Re 1301 Connecticut Avenue AssociatesDistrict Court, District of Columbia · 1990
- Sears Savings Bank v. Tucson Industrial Partners (In Re Tucson Industrial Partners)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
- Balcor Pension Investors v v. Wiston XXIV Ltd. (In Re Wiston XXIV Ltd.)District Court, D. Kansas · 1992
- In Re Kingsport Ventures, L.P.United States Bankruptcy Court, E.D. Tennessee · 2000
3 more not listed; retrieve them via the Exa API.