Legal Opinion

In Re Brandon Associates

United States Bankruptcy Court, W.D. Virginia

Decided July 25, 1991No. 19-60220PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROSS W. KRUMM, Bankruptcy Judge.

The matter for decision before the court is whether the post-petition rents generated from operation of the apartment complex owned and operated by the debtor are cash collateral within the meaning of 11 U.S.C. § 363(a). If the rents are cash collateral, their use by the debtor requires the consent of the secured creditors or court authorization upon a finding that the creditors are adequately protected.

Facts

On August 1, 1978, William H. Price, Jr. (hereinafter “Price”) and his wife executed a deed of trust on the Brandon Ridge Apartments…

2Cases cited5 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re KNM Roswell Ltd. PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1991
  3. Frayser's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1886
  4. In Re Raleigh/Spring Forest Apartments AssociatesUnited States Bankruptcy Court, E.D. North Carolina · 1990
  5. In Re Townside Partners, Ltd.United States Bankruptcy Court, W.D. Virginia · 1991

3Cited by6 opinions

  1. In Re GOCO Realty Fund IUnited States Bankruptcy Court, N.D. California · 1993
  2. In Re Vienna Park PropertiesDistrict Court, S.D. New York · 1992
  3. In Re Hall Colttree AssociatesUnited States Bankruptcy Court, E.D. Virginia · 1992
  4. McFee v. Kelly (In Re Kelly)United States Bankruptcy Court, N.D. Oklahoma · 1992
  5. In re Fairfield Tic, LLCUnited States Bankruptcy Court, E.D. Virginia · 2018

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