Legal Opinion

In Re Senior Housing Alternatives, Inc.

United States Bankruptcy Court, E.D. Tennessee

Decided January 19, 2011No. 10-15930PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This case is before the court on the motion of Bernard Global Investors, Ltd., to prohibit the debtor’s use of cash and for relief from the automatic stay. Also before the court is the motion of debtor Senior Housing Alternatives, Inc., to determine that the cash is free and clear of Bernard’s lien or, alternatively, for use of cash collateral if it is subject to Bernard’s lien. 1

The principal issue for decision at this time is whether the postpetition income stream generated by the debtor’s business constitutes “cash collateral” within the meaning of…

2Cases cited17 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. In Re Bethesda Air Rights Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1990
  4. In Re Buttermilk Towne Center, LLCBankruptcy Appellate Panel of the Sixth Circuit · 2010
  5. Matter of Willows of Coventry, Ltd. PartnershipUnited States Bankruptcy Court, N.D. Indiana · 1993

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3Cited by5 opinions

  1. In re South Side House, LLCUnited States Bankruptcy Court, E.D. New York · 2012
  2. In re Builders Group & Development Corp.United States Bankruptcy Court, D. Puerto Rico · 2013
  3. In Re ChambersUnited States Bankruptcy Court, N.D. Georgia · 2011
  4. In re Town Center Flats, LLCUnited States Bankruptcy Court, E.D. Michigan · 2015
  5. In re Augusta Center, LLCUnited States Bankruptcy Court, S.D. Georgia · 2013

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