In re Surma
Feb
04
2014
Ruling
Rents assigned to mortgagee prepetition were not property of the estate and could not be used to fund reorganization.
Issue(s)
Whether rents assigned by chapter 11 debtor under a pre-petition absolute assignment of rents to a mortgagee could be used pursuant to a proposed plan of reorganization against only the secured portion of the bifurcated claim.
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Court
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