Legal Opinion
In Re Buttermilk Towne Center, LLC
Bankruptcy Appellate Panel of the Sixth Circuit
Decided December 23, 2010No. 10-8036, 10-8046, 10-8062PublishedCited by 20 opinions
1Opinion of the Court
OPINION
STEVEN W. RHODES, Bankruptcy Judge.
The dispositive issue in this appeal is whether a debtor in a “single asset real estate” case can provide adequate protection to a creditor for the use of rents as cash collateral without an equity cushion in the property. The Panel finds that Stearns Bldg. v. WHBCF Real Estate (In re Stearns Bldg.), 165 F.3d 28 (6th Cir.1998) (unpublished table decision) is controlling. Accordingly, the Panel must reverse the bankruptcy court’s determination that the debtor has provided adequate protection for the use of cash collateral.
I. ISSUES ON APPEAL
1. Did the…
2Cases cited21 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Butner v. United StatesSupreme Court of the United States · 1979
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
- Gibson v. Gibson (In Re Gibson)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In re South Side House, LLCUnited States Bankruptcy Court, E.D. New York · 2012
- In re GeijselUnited States Bankruptcy Court, N.D. Texas · 2012
- In Re ZingaleBankruptcy Appellate Panel of the Sixth Circuit · 2011
- Town Center Flats, LLC v. ECP Commercial II LLCCourt of Appeals for the Sixth Circuit · 2017
- In re RYYZ, LLCUnited States Bankruptcy Court, E.D. New York · 2013
15 more not listed; retrieve them via the Exa API.