In Re Kuhn Const. Co., Inc.

MEMORANDUM OF OPINION

EDWIN F. FLOWERS, Bankruptcy Judge.

Buckeye Union Insurance Company [Buckeye] seeks an order, pursuant to 11 U.S.C. § 363(c), prohibiting the Debtor, Kuhn Construction Company [Kuhn], from using cash collateral. In addition, Buckeye asks that the Debtor be required to segregate the cash collateral and to replace cash collateral previously spent by it. Conversely, both Kuhn and its chapter 11 Creditors’ Committee assert, in opposition to Buckeye’s motion, that Buckeye has no security interest in the funds for which it now seeks protection.

11 U.S.C. § 363(a) defines the term…