Cavender v. Ameritrust Co. (In Re Opti-Gage, Inc.)

DECISION AND ORDER FOR RECOVERY OF EXPENSES OF DISPOSING OF PROPERTY BENEFITING THE HOLDER OF A SECURED CLAIM

WILLIAM A. CLARK, Bankruptcy Judge.

This contested matter is before the court upon the motion of Donna Cavender for the court to order the payment of reasonable rent, taxes and damages to the property which has occurred post-petition. The motion was contested by Opti-Gage, Inc., and Ameritrust Co., N.A., which will be referred to as “the Bank.” However, only Ameritrust actively opposed the motion at the hearing and was represented at the hearing.

This matter is a contested matter arising…