Legal Opinion

In Re Raleigh/Spring Forest Apartments Associates

United States Bankruptcy Court, E.D. North Carolina

Decided August 28, 1990No. 19-00408PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Bankruptcy Judge-.

The matters before the court are requests from the chapter 11 debtor in possession’s two primary secured creditors, Travelers Insurance Company and Connecticut General Life Insurance Company, for adequate protection and for sequestration of rents and profits arising from the debt- or’s apartment project. The facts are undisputed and raise some basic issues concerning the validity and enforceability of rent assignments in postpetition rents. A hearing was held in Raleigh, North Carolina, on August 15, 1990.

Raleigh/Spring Forest…

2Cases cited4 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Virginia Beach Federal Savings & Loan Ass'n v. WoodCourt of Appeals for the Tenth Circuit · 1990
  3. SALINE STATE BANK, Appellant, v. Richard MAHLOCH, Eunice Mahloch, Dennis Mahloch and First National Bank of Chicago, Illinois, AppelleesCourt of Appeals for the First Circuit · 1987
  4. First & Citizens National Bank of Elizabeth City v. SawyerSupreme Court of North Carolina · 1940

3Cited by14 opinions

  1. In Re Union Meeting PartnersUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
  2. In Re Vienna Park PropertiesDistrict Court, S.D. New York · 1992
  3. Federal National Mortgage Ass'n v. Dacon Bolingbrook Associates Ltd. PartnershipDistrict Court, N.D. Illinois · 1993
  4. In Re Vermont Investment Ltd. PartnershipDistrict Court, District of Columbia · 1992
  5. In Re Polo Club Apartments Associates Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1993

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