Legal Opinion
In Re Hall Elmtree Associates, Ltd.
United States Bankruptcy Court, D. Arizona
Decided March 1, 1991No. Bankruptcy 91-0105-TUC-LOPublishedCited by 3 opinions
1Opinion of the Court
OPINION
LAWRENCE OLLASON, Bankruptcy Judge.
The captioned case came before the court on January 31, 1991, for hearing on the motion of Olde Salem, Ltd., for an order prohibiting the debtor from using alleged cash collateral, being the rents of debtor’s apartment building. The motion is based upon a rental assignment given by the debtor to Olde Salem. The question presented is whether the subject rents are cash collateral within the meaning of the Bankruptcy Code.
Under 11 U.S.C. section 363, rents are cash collateral when they are subject to a security interest of an entity other than the…
2Cases cited7 opinions
- Frayser's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1886
- Charles Stapp of Nevada, Inc. v. FishmanCourt of Appeals for the Ninth Circuit · 1981
- Fidelity Bankers Life Insurance Company v. Gray WilliamsCourt of Appeals for the Fourth Circuit · 1974
- In Re Vienna Park PropertiesUnited States Bankruptcy Court, S.D. New York · 1990
- Interstate Railroad v. RobertsSupreme Court of Virginia · 1920
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3Cited by3 opinions
- In Re Vienna Park PropertiesDistrict Court, S.D. New York · 1992
- In Re Hall Colttree AssociatesUnited States Bankruptcy Court, E.D. Virginia · 1992
- First American Bank v. Farmers & Merchants National BankLoudoun County Circuit Court · 1992