Legal Opinion

In re Westport Holdings Tampa, Ltd. P'ship

United States Bankruptcy Court, M.D. Florida

Decided December 18, 2018No. Case No. 8:16-bk-08167-MGW Jointly AdministeredPublished

1Opinion of the Court

Michael G. Williamson, Chief United States Bankruptcy Judge

At the beginning of this case, CPIF Lending consented to the Debtors' use of cash collateral (rent and other income generated from an independent living facility) so long as it received adequate protection under Bankruptcy Code §§ 361 and 363. While there's been no allegation that the value of CPIF Lending's cash collateral decreased during the case, its non-cash collateral (real property owned by the Debtors) did decrease by $4 million.

Relying on broad language in the Court's earlier cash collateral orders, CPIF Lending now asks the…

2Cases cited3 opinions

  1. In Re: Optical Technologies, Inc. v. Larson Pharmacy Inc.Court of Appeals for the Eleventh Circuit · 2005
  2. In Re Excelsior Henderson Motorcycle Manufacturing Co.United States Bankruptcy Court, S.D. Florida. · 2002
  3. Weaver v. Aquila Energy Marketing, Corp.District Court, S.D. Texas · 1996

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