Legal Opinion

In re Stacy's, Inc.

United States Bankruptcy Court, D. South Carolina

Decided April 4, 2014No. Case No. 13-03600-ddPublished

1Opinion of the Court

Chapter 11

ORDER DENYING MOTION TO USE CASH COLLATERAL

David R. Duncan, Chief US Bankruptcy Judge

This matter is before the Court on a motion to use cash collateral filed by the debtor, Stacy’s Inc. (“Debtor”), on November 15, 2018. Bank of the West (“BOTW”) objected to the motion. Debtor filed a supplement to its motion on December 19, 2013, which, although labeled as a supplement, includes other grounds for relief, more specifically requesting that BOTW’s collateral be surcharged under 11 U.S.C. § 506(c). The Official Committee of Unsecured Creditors (“Committee”) filed a response in support…

2Cases cited18 opinions

  1. Taylor v. SturgellSupreme Court of the United States · 2008
  2. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  3. Heiser v. WoodruffSupreme Court of the United States · 1946
  4. In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
  5. Harnett v. BillmanCourt of Appeals for the Fourth Circuit · 1986

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