Legal Opinion

Zeeway Corp. v. Rio Salado Bank (In Re Zeeway Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 6, 1987No. BAP No. AZ 86-1733-AsEMe, Bankruptcy No. B 86-1902-PHX-VAGPublishedCited by 16 opinions

1Opinion of the Court

OPINION

Before ASHLAND, ELLIOTT, and MEYERS, Bankruptcy Judges. ASHLAND, Bankruptcy Judge:

Debtor appeals the order of the bankruptcy court prohibiting the use of income generated from debtor’s business activities. The court determined that the income was cash collateral within 11 U.S.C. § 363(c) and was subject to the rents, issues, and profits clause of the deed of trust held by appellee Rio Salado Bank. We reverse.

FACTS

Before bankruptcy, the Zeeway Corporation sold real property, commonly known as the Manzanita Speedway, to Bill Krug Enterprises. Krug executed a deed of trust and promissory…

2Cases cited7 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. Wolters Village, Ltd. v. Village Properties, Ltd.Court of Appeals for the Fifth Circuit · 1984
  4. Waldron v. Northwest Acceptance Corp. (In Re Johnson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. United States v. PS Hotel Corp.District Court, E.D. Missouri · 1975

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3Cited by16 opinions

  1. Mid-City Hotel Associates v. Prudential Insurance Co. of America (In Re Mid-City Hotel Associates)United States Bankruptcy Court, D. Minnesota · 1990
  2. In Re S.F. Drake Hotel AssociatesUnited States Bankruptcy Court, N.D. California · 1991
  3. In Re Safeguard Self-Storage Trust, Debtor. Wattson Pacific Ventures v. Valley Federal Savings & Loan, Safeguard Self-Storage TrustCourt of Appeals for the Ninth Circuit · 1993
  4. In Re GGVXX, Ltd.United States Bankruptcy Court, D. Colorado · 1991
  5. Scottsdale Medical Pavilion v. Mutual Benefit Life Insurance Co. in Rehabilitation (In Re Scottsdale Medical Pavilion)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993

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