Legal Opinion

In Re California Gardens Apartments, Ltd.

United States Bankruptcy Court, S.D. Ohio

Decided August 15, 1991No. Bankruptcy 2-91-00263, 2-91-00265 to 2-91-00272, 2-91-00291, 2-91-00427, 2-91-00429 and 2-91-00430PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER ON MOTIONS SEEKING TURNOVER AND TO USE RENTS AND MOTION TO EXCUSE COMPLIANCE WITH TURNOVER

BARBARA J. SELLERS, Bankruptcy Judge.

I. Preliminary Matters

These matters are before the Court on various motions of the parties under 11 U.S.C. §§ 543(b) and (d) and § 363(c)(2). Each debtor 1 (“Partnership Debtor[s]”) seeks turnover of its property from the control of a state court appointed receiver and authority to use the rents which the Partnership Debtors contend are cash collateral. The Resolution Trust Corporation, as Conservator of Florida Federal Savings, F.S.B., (“RTC” or…

2Cases cited19 opinions

  1. Carolina Portland Cement Co. v. BaumgartnerSupreme Court of Florida · 1930
  2. First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
  3. Haven Federal Sav. & Loan Ass'n v. KirianSupreme Court of Florida · 1991
  4. Markert v. JohnstonSupreme Court of Florida · 1978
  5. In Re Aloma Square, Inc.United States Bankruptcy Court, M.D. Florida · 1988

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3Cited by2 opinions

  1. Ormond Beach Assoc. v. Citation Mortg.District Court of Appeal of Florida · 1994
  2. In Re Rollingwood Apartments, Ltd.United States Bankruptcy Court, S.D. Ohio · 1991

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