Legal Opinion
In Re Harbour Town Associates, Ltd.
United States Bankruptcy Court, M.D. Tennessee
Decided May 17, 1989No. Bankruptcy 389-00693PublishedCited by 12 opinions
1Opinion of the Court
ORDER
GEORGE C. PAINE, II, Chief Judge.
This matter comes before the court on State Mutual Life Assurance Company of America’s motion to prohibit use of cash collateral and for other relief. The issues presented are: (1) what rights to rents does a mortgagee have at the commencement of a Chapter 11 case under a recorded assignment of rents and (2) can a mortgagee improve its position post petition under § 546(b).
The following constitute findings of fact and conclusions of law. Fed.R.Bankr.P. 7052, 9014.
State Mutual holds a first lien through a deed of trust on the debtor’s principal asset, the…
2Cases cited6 opinions
- 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
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- In Re TM Carlton House Partners, Ltd.United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Federal Deposit Insurance v. Lancaster (In Re Sampson)United States Bankruptcy Court, E.D. Tennessee · 1986
- Matter of Hamlin's Landing Joint VentureUnited States Bankruptcy Court, M.D. Florida · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re RancourtUnited States Bankruptcy Court, D. New Hampshire · 1991
- In Re Mount Pleasant Ltd. PartnershipUnited States Bankruptcy Court, W.D. Michigan · 1992
- In Re 1301 Connecticut Avenue AssociatesDistrict Court, District of Columbia · 1990
- In Re Kingsport Ventures, L.P.United States Bankruptcy Court, E.D. Tennessee · 2000
- In Re 5877 Poplar, L.P.United States Bankruptcy Court, W.D. Tennessee · 2001
7 more not listed; retrieve them via the Exa API.