In Re Shoppes of Hillsboro, Ltd.

MEMORANDUM OPINION

ROBERT A. MARK, Bankruptcy Judge.

This is a Chapter 11 case in which I must determine whether rents generated from the Debtor’s shopping center are property of the estate. The answer depends upon whether the mortgagee’s pre-petition demand for turnover conveyed ownership of the rents to the mortgagee under § 697.07 of the Florida Statutes. The issue is framed by Meritor Savings Bank’s Amended Motion to Sequester Rents and Profits and for Turnover of Same (“Motion for Turnover”), filed on February 25, 1991.

I heard oral argument on February 28, 1991. After considering the…