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Imperial Gardens Liquidating Trust v. Northwest Commons, Inc. (In Re Northwest Commons, Inc.)

United States Bankruptcy Court, E.D. Missouri

Decided December 31, 1991No. 19-40481PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

This is a case of first impression in this District. It calls for a determination of whether post-petition rent is cash collateral when, before commencement of a debtor’s Chapter 11 case, a mortgagee invokes its rights under an assignment of rents clause to collect all future rents.

Procedurally, this issue arises at final hearing of Debtor’s request for use of cash collateral. Two days after the Debtor filed its petition for relief under Chapter 11, this Court entered an Emergency Order granting Debtor use of rents as…

2Cases cited14 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric Cooperative, City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric CooperativeCourt of Appeals for the Eighth Circuit · 1988
  5. United States v. Landmark Park & AssociatesCourt of Appeals for the Eighth Circuit · 1986

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3Cited by13 opinions

  1. In Re Mews Associates, L.P.United States Bankruptcy Court, W.D. Missouri · 1992
  2. Principal Mutual Life Insurance Co. v. Atrium Development Co. (In Re Atrium Development Co.)United States Bankruptcy Court, E.D. Virginia · 1993
  3. In Re EisenbargerUnited States Bankruptcy Court, E.D. Virginia · 1993
  4. In Re Embassy Properties North, Ltd. PartnershipUnited States Bankruptcy Court, D. Kansas · 1996
  5. In Re Koula Enterprises, Ltd.United States Bankruptcy Court, E.D. New York · 1996

8 more not listed; retrieve them via the Exa API.

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