- 11 U.S.C.
In re MRI Beltline Indus. LP
Aug
13
2012
Ruling
Rents conditionally assigned were property of the estate and could be used as cash collateral.
Procedural posture
The court held a final hearing to consider the use by the debtor of cash collateral. At the final hearing, the debtor and the secured creditor disputed two issues: (i) whether an assignment of rents in favor of the creditor was "conditional" or "absolute" under Texas law, and (ii) whether the court could impose a "carve-out" from the creditor's collateral to pay its attorneys' fees over the creditor's objection.
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Court
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