Legal Opinion

In Re Townside Partners, Ltd.

United States Bankruptcy Court, W.D. Virginia

Decided January 17, 1991No. 13-51035PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROSS W. KRUMM, Bankruptcy Judge.

The issue before the court is whether post-petition rents collected by the debtor in possession in this case constitutes cash collateral under 11 U.S.C. § 363. For the reasons stated in this opinion, the court holds that the rents are cash collateral.

Facts

In September 1983, Townside Partners, Ltd. (Townside) acquired Edgehill Estates, an apartment complex in Roanoke, Virginia (the Property). As part of the purchase transaction, Townside executed a deed of trust (the Wrap Deed of Trust) to secure indebtedness of $2,200,000.00. This Wrap Deed of…

2Cases cited4 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Frayser's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1886
  3. Fidelity Bankers Life Insurance Company v. Gray WilliamsCourt of Appeals for the Fourth Circuit · 1974
  4. In Re Vienna Park PropertiesUnited States Bankruptcy Court, S.D. New York · 1990

3Cited by8 opinions

  1. In Re Vienna Park PropertiesDistrict Court, S.D. New York · 1992
  2. In Re Northport Marina AssociatesUnited States Bankruptcy Court, E.D. New York · 1992
  3. In Re Brandon AssociatesUnited States Bankruptcy Court, W.D. Virginia · 1991
  4. Equitable Life Assurance Society of the United States v. James River Associates (In Re James River Associates)District Court, E.D. Virginia · 1993
  5. First American Bank of Virginia/WND Corp. v. Harbour Pointe Ltd. Partnership (In Re Harbour Pointe Ltd. Partnership)District Court, District of Columbia · 1991

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