Scottsdale Medical Pavilion v. Mutual Benefit Life Insurance Co. in Rehabilitation (In Re Scottsdale Medical Pavilion)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge:
Scottsdale Medical Pavilion (“debtor”) appeals an order concluding that rents collected by it prepetition are cash collateral as defined by 11 U.S.C. § 363(a) and denying the debtor use of that collateral. We AFFIRM.
FACTS
The debtor executed a promissory note payable to the order of Mutual Benefit Life Insurance Company (“Mutual”) 1 secured by a deed of trust on the debtor’s rental property. To further secure the obligation the debtor also executed an assignment of rents and leases (the “Assignment”). The Assignment provided that the debtor
does hereby…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991
- Jeff D. v. AndrusCourt of Appeals for the Eighth Circuit · 1989
- In Re Park at Dash Point L.P.United States Bankruptcy Court, W.D. Washington · 1990
- Waldron v. Northwest Acceptance Corp. (In Re Johnson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mutual Life Insurance Co. of New York v. Patrician St. Joseph Partners Ltd. Partnership (In Re Patrician St. Joseph Partners Ltd. Partnership)District Court, D. Arizona · 1994
- In the Matter Of: Thomas Shannon Millette, Debtor. O'Neal Steel, Incorporated, Appellant-Cross-Appellee v. E B Incorporated, Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1999
- In Re SCOTTSDALE MEDICAL PAVILION, Debtor. Scottsdale Medical Pavilion, Appellant, v. Mutual Benefit Life Ins. Co. in Rehabilitation, AppelleeCourt of Appeals for the Ninth Circuit · 1995
- FEDERAL NATIONAL MORTGAGE ASS'N v. BugnaCalifornia Court of Appeal · 1997
- Creekstone Apartments Associates, L.P. v. Resolution Trust Corp. (In Re Creekstone Apartments Associates, L.P.)United States Bankruptcy Court, M.D. Tennessee · 1993
10 more not listed; retrieve them via the Exa API.