In Re Wiston Xxiv Limited Partnership, Debtor. Balcor Pension Investors v v. Wiston Xxiv Limited Partnership

ORDER

Before McKAY, Chief Judge, BALDOCK and EBEL, Circuit Judges.

This appeal is jurisdictionally defective because the order being appealed is not final and appealable.

The creditor appealed to the district court an interlocutory order of the bankruptcy court in which the bankruptcy court denied the creditor’s claim that post-petition rents accruing to the debtor constitute cash collateral and that the creditor’s interest in the rents withstands the bankruptcy trustee’s avoiding powers. The district court reversed, 147 B.R. 575, concluding that the post-petition rents constituted cash…