In Re 400 Walnut Associates Lp

Opinion

STEPHEN RASLAVICH, Chief Judge.

Introduction

Before the Court is the Debtor’s Motion for Use of Cash Collateral and 4th Walnut Street, L.P.’s corresponding Motion for Relief from the Automatic Stay. Each motion is opposed. A hearing on the matter was held on December 9, 2010. At the hearing, the parties agreed that a ruling on a preliminary issue was in order before the competing Motions proceeded further. Briefs were submitted on that issue and the Court took the matter under advisement. For the reasons set forth below, the Court holds that the rents generated by the Debtor’s real…