Legal Opinion

In Re Bethesda Air Rights Ltd. Partnership

United States Bankruptcy Court, D. Maryland

Decided July 20, 1990No. 19-10734PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AUTHORIZING USE OF CASH COLLATERAL

E. STEPHEN DERBY, Bankruptcy Judge.

The issue presented here is whether an assignment of rents was effective to trans fer the rents absolutely to the lender and thereby to keep the rents from becoming cash collateral property of Debtor’s bankruptcy estate.

Facts

Bethesda Air Rights Limited Partnership (the “Debtor”) owns and operates an office, retail and parking complex in Bethesda, Maryland known as the Air Rights Center (the “Property”). NYLIFE Funding, Inc. (the “Lender”), as assignee of New York Life Insurance Company, is the…

2Cases cited18 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
  4. Wolters Village, Ltd. v. Village Properties, Ltd.Court of Appeals for the Fifth Circuit · 1984
  5. Foard v. SniderCourt of Appeals of Maryland · 2001

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3Cited by20 opinions

  1. Homeside Lending, Inc. v. Denny (In Re Denny)United States Bankruptcy Court, D. Maryland · 1999
  2. In Re Buttermilk Towne Center, LLCBankruptcy Appellate Panel of the Sixth Circuit · 2010
  3. In Re Amaravathi Ltd. PartnershipUnited States Bankruptcy Court, S.D. Texas · 2009
  4. In Re Polo Club Apartments Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1993
  5. Lyons v. Federal Savings Bank (In Re Lyons)United States Bankruptcy Court, D. Massachusetts · 1996

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

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