V. DiFrancesco & Sons v. West Chestnut Realty of Haverford, Inc. (In Re West Chestnut Realty of Haverford, Inc.)

MEMORANDUM AND ORDER

JOYNER, District Judge.

The issue in this appeal from the United States Bankruptcy Court for the Eastern District of Pennsylvania concerns whether “tipping fees” received by a landfill operator constitute “cash collateral” for purposes of 11 U.S.C. § 363. The Bankruptcy Court held that the tipping fees received by the landfill operator were not cash collateral. Because we agree with the reasoning of the Bankruptcy Court, we will affirm its judgment.

I. FACTUAL AND PROCEDURAL HISTORY

The appellant in this case is V. DiFrances-co & Sons (DiFraneesco), a limited partnership…