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Sacramento Mansion, Ltd. v. Sacramento Savings & Loan Ass'n (In Re Sacramento Mansion, Ltd.)

United States Bankruptcy Court, D. Colorado

Decided June 27, 1990No. 19-10689PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OP DECISION DETERMINING NATURE, EXTENT AND PRIORITY OF LIENS

FRANCIS G. CONRAD, Bankruptcy Judge. *

Debtor, a Colorado limited partnership, commenced this adversary proceeding 1 against Defendants to determine their respective interests in revenue at the Clarion Sacramento Hotel in California (Hotel).

We hold that revenue from Hotel room sales is personal property, rather than rent from real property, and when used as collateral for a loan, it is subject to the perfection and priority requirements under Article 9 of California’s Uniform Commercial Code (UCC). We also hold that Hotel…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. David W. CAREY, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987
  4. Mustang Fuel Corporation, a Corporation v. Youngstown Sheet and Tube Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1975
  5. Gray F. Madison, Sr., and Elizabeth B. Madison, Husband and Wife, Plaintiffs v. Deseret Livestock Company, a Utah CorporationCourt of Appeals for the Tenth Circuit · 1978

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3Cited by20 opinions

  1. Greyhound Real Estate Finance Co. v. Official Unsecured Creditors' Committee (In Re Northview Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  2. In Re Safeguard Self-Storage Trust, Debtor. Wattson Pacific Ventures v. Valley Federal Savings & Loan, Safeguard Self-Storage TrustCourt of Appeals for the Ninth Circuit · 1993
  3. In Re GGVXX, Ltd.United States Bankruptcy Court, D. Colorado · 1991
  4. In Re Corpus Christi Hotel Partners, Ltd.United States Bankruptcy Court, S.D. Texas · 1991
  5. Everett Home Town Ltd. PartnershipUnited States Bankruptcy Court, D. Arizona · 1992

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