Sears Savings Bank v. Tucson Industrial Partners (In Re Tucson Industrial Partners)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
*615OPINION
VOLINN, Bankruptcy Judge:
This is an appeal from an order denying appellant’s motion for restriction of debt- or’s use of cash collateral in the form of rents and for adequate protection. The bankruptcy court denied the motion and ordered that accumulated net rents be turned over to the trustee without restriction or condition as to use. We reverse.
FACTS AND PROCEDURAL BACKGROUND
Debtor and appellee Tucson Industrial Partners (TIP), an Arizona limited partnership, is the owner of a 46,600 square foot industrial building which produces commercial income in the form of rents. The property…
2Cases cited24 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Virginia Beach Federal Savings & Loan Ass'n v. WoodCourt of Appeals for the Tenth Circuit · 1990
- Bankr. L. Rep. P 71,239 in Re G. Dwayne Casbeer, Debtor. G. Dwayne Casbeer v. State Federal Savings & Loan Association of LubbockCourt of Appeals for the Fifth Circuit · 1986
- 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
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- In Re Polo Club Apartments Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1993
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