Legal Opinion
Consolidated Capital Income Trust v. Colter, Inc.
District Court, D. Colorado
Decided March 28, 1985No. Civ. A. 85-M-181 to 85-M-187PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MATSCH, District Judge.
This is an appeal of a bankruptcy judge’s ruling entered October 23, 1984 that rents received from real property owned by debtors who had filed under Chapter 11 were “cash collateral”, and that the debtors were proscribed from using the rents without compliance with 11 U.S.C. § 363(c)(2). The debtors contend that the rents are not cash collateral, and that they have the right to the unfettered use of the rents during the pendency of bankruptcy proceedings. Jurisdiction is proper under 28 U.S.C. § 158.
The facts on appeal are undisputed.…
2Cases cited2 opinions
- Fisher v. Norman Apartments, Inc.Supreme Court of Colorado · 1937
- Megginson v. HallSupreme Court of Colorado · 1943
3Cited by28 opinions
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- SALINE STATE BANK, Appellant, v. Richard MAHLOCH, Eunice Mahloch, Dennis Mahloch and First National Bank of Chicago, Illinois, AppelleesCourt of Appeals for the First Circuit · 1987
- In Re RancourtUnited States Bankruptcy Court, D. New Hampshire · 1991
- Chaussee v. Morning Star Ranch Resorts Co. (In Re Morning Star Ranch Resorts)United States Bankruptcy Court, D. Colorado · 1986
- Kearney Hotel Partners v. Richardson (In Re Kearney Hotel Partners)United States Bankruptcy Court, S.D. New York · 1988
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