Legal Opinion

Far East National Bank v. United States Trustee (In Re Premier Golf Properties, LP)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 13, 2012No. BAP SC-11-1508-HPaJu; Bankruptcy 11-07388PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HOLLOWELL, Bankruptcy Judge.

Far East National Bank (the Bank) filed a motion to prohibit the debtor from using cash collateral. The bankruptcy court denied the motion because it determined that revenue from the debtor’s postpetition green fees and driving range fees did not constitute the Bank’s cash collateral. The Bank appealed. For the reasons given below, we AFFIRM.

I. FACTS

Premier Golf Properties, L.P. (the Golf Club) owns and operates the Cottonwood Golf Club in El Cajon, California. The Golf Club has two 18-hole golf courses, a driving range, pro shop, and club house restaurant.…

2Cases cited16 opinions

  1. Greyhound Real Estate Finance Co. v. Official Unsecured Creditors' Committee (In Re Northview Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  2. In Re S.F. Drake Hotel AssociatesUnited States Bankruptcy Court, N.D. California · 1991
  3. Sacramento Mansion, Ltd. v. Sacramento Savings & Loan Ass'n (In Re Sacramento Mansion, Ltd.)United States Bankruptcy Court, D. Colorado · 1990
  4. Arkison v. Frontier Asset Management, LLC (In Re Skagit Pacific Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. Philip Morris Capital Corp. v. Bering Trader, Inc. (In re Bering Trader, Inc.)Court of Appeals for the Ninth Circuit · 1991

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3Cited by2 opinions

  1. Johnson v. RFF Family Partnership, LP (In re Johnson)United States Bankruptcy Court, S.D. Ohio · 2016
  2. S-Tek 1, LLCUnited States Bankruptcy Court, D. New Mexico · 2023

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