Creekstone Apartments Associates, L.P. v. Resolution Trust Corp. (In Re Creekstone Apartments Associates, L.P.)

MEMORANDUM REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT AND DEFENDANT’S CROSS MOTION FOR PARTIAL SUMMARY JUDGEMENT

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

Creekstone Apartments Associates, L.P., as plaintiff initiated this adversary proceeding to determine the validity, priority and extent of liens held by the Resolution Trust Corporation (“RTC”) and First Tennessee Bank National Association on pre-petition rents collected and held on deposit by Creek-stone. Before the court is the plaintiffs motion for summary judgement and a cross motion for partial summary judgement filed by…