Legal Opinion

In Re 1350 Piccard Ltd. Partnership

District Court, District of Columbia

Decided April 8, 1992No. Bankruptcy 92-00037PublishedCited by 2 opinions

1Opinion of the Court

DECISION RE RTC’S MOTION TO PROHIBIT DEBTOR’S USE OF CASH COLLATERAL

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The debtor’s secured creditor claims that the debtor ought to be prohibited from using the rents from the debtor’s office building on three grounds:(1) that it holds an absolute assignment of the rents;(2) that it perfected a security interest in the rents pre-petition by virtue of having commenced foreclosure proceedings; and(3) that it perfected a security interest in the rents post-petition by filing a notice under 11 U.S.C. § 546(b).

The court rejects the first two grounds but agrees…

2Cases cited8 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Union Bank v. WolasSupreme Court of the United States · 1991
  3. In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
  4. In Re Bethesda Air Rights Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1990
  5. In Re Microfab, Inc.United States Bankruptcy Court, D. Massachusetts · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. 229 Main Street Ltd. Partnership v. Massachusetts Department of Environmental Protection (In Re 229 Main Street Ltd. Partnership)Court of Appeals for the First Circuit · 2001
  2. 229 Main Street Ltd. Partnership v. Commonwealth of Massachusetts, Department of Environmental ProtectionDistrict Court, D. Massachusetts · 2000

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