In Re Citicorp Park Associates

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Chief Judge.

Debtor Citicorp Park Associates (“Citi-corp”) has filed this motion seeking permission to apply a pre-petition fee retainer and post-filing cash collateral towards allowed attorney’s fees. Aetna Life Insurance Company (“Aetna”) objects and maintains that the rents from Citicorp’s property used to fund the retainer are the property of Aetna, and that Citicorp may not use Aetna’s cash collateral because Aetna is not adequately protected.

Pursuant to hearings held on February 15, 1995 and March 7, 1995, and a Joint Partial Stipulation of Facts…