Legal Opinion
Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.
Court of Appeals for the Third Circuit
Decided September 14, 1993No. 92-7652PublishedCited by 90 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
After the owner of an apartment complex defaulted on its mortgages, the mortgagees served notice on the tenants and began collecting the rents. Some months later, the owner petitioned for bankruptcy protection under Chapter 11 and asserted its right to use the rents as cash collateral in its reorga nization plan. The bankruptcy judge concluded that the rents were part of the estate, but was reversed on appeal by the district court. That court concluded that the rents were the property of the mortgagees. We agree with the district court and will affirm…
2Cases cited23 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Marin Motor Oil, Inc. v. MichaelsCourt of Appeals for the Third Circuit · 1982
- 18 Collier bankr.cas.2d 34, Bankr. L. Rep. P 72,032, 5 Ucc rep.serv.2d 354 in Re Meyertech Corp., Debtor. Southeastern Sprinkler Company, Inc. v. Meyertech CorpCourt of Appeals for the Third Circuit · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Indian Motocycle Associates III Ltd. Partnership v. Massachusetts Housing Finance AgencyCourt of Appeals for the First Circuit · 1995
- Buncher Company Financial Institutional Funding, Inc. Richard Santucci John T. Stabile v. Official Committee of Unsecured Creditors of Genfarm Limited Partnership Iv, in 99-3950 Buncher Company John T. Stabile, in 99-3925Court of Appeals for the Third Circuit · 2000
- In Re Jason Realty, L.P., Debtor. First Fidelity Bank, N.A. v. Jason Realty, L.P., Jason Realty, L.P. v. First Fidelity Bank, N.ACourt of Appeals for the First Circuit · 1995
- In the Matter of Wheaton Oaks Office Partners Limited Partnership, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In Re River Village AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1993
85 more not listed; retrieve them via the Exa API.