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Legal Opinion

Balcor Pension Investors v v. Wiston XXIV Ltd. (In Re Wiston XXIV Ltd.)

District Court, D. Kansas

Decided November 12, 1992No. Civ. A. No. 92-CV-4096-DES, Bankruptcy No. 91-40410-11PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the appeal taken by Balcor Pension Investors V (“Balcor”) from an order of the Bankruptcy Court for the District of Kansas. The bankruptcy court denied Balcor’s claim that post-petition rents accruing to the debtor, Wiston XXIV Limited Partnership (“Wiston”) constitute cash collateral pursuant to 11 U.S.C. § 363(a) and that Balcor's interest in the rents withstands the bankruptcy trustee’s avoiding powers. 1

Facts

Wiston is a Kansas limited partnership. Its primary asset is an apartment complex located in Overland…

2Cases cited26 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Virginia Beach Federal Savings & Loan Ass'n v. WoodCourt of Appeals for the Tenth Circuit · 1990
  3. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  4. In Re Durability, Inc., Debtor. James R. Adelman, Trustee v. Fourth National Bank and Trust Company, N.A., of Tulsa, Ok, Fred I. Palmer, Sr.Court of Appeals for the Fourth Circuit · 1990
  5. 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

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3Cited by14 opinions

  1. Indian Motocycle Associates III Ltd. Partnership v. Massachusetts Housing Finance AgencyCourt of Appeals for the First Circuit · 1995
  2. City of Olathe v. KAR Development Associates, L.P. (In Re KAR Development Associates, L.P.)District Court, D. Kansas · 1995
  3. J.H. Streiker & Co. v. SeSide Co.District Court, E.D. Pennsylvania · 1993
  4. In Re Wiston Xxiv Limited Partnership, Debtor. Balcor Pension Investors v v. Wiston Xxiv Limited PartnershipCourt of Appeals for the Tenth Circuit · 1993
  5. In Re Polo Club Apartments Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1993

9 more not listed; retrieve them via the Exa API.

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