- 11 U.S.C.
Speer, In re--Seaport Capital Partners, LLC v. Speer
Jun
12
2020
Ruling
Sanctions against debtor for alleged violation of order prohibiting use of cash collateral order denied absent evidence. (Bankr. D. Conn.)
Issue(s)
Use, Sale, or Lease of Property; "Cash Collateral'' Defined.
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Court
:
( Judge Nevins ) [ Bankruptcy Court ]
Tara Retail Grp., Inc, In re
Feb
14
2018
Ruling
Court approved debtor's resolution of its objection to a proof of claim as debtor’s proposed compromise with a tenant-creditor did not constitute the unauthorized use of a secured creditor’s cash collateral. (Bankr. N.D. W. Va.)
Issue(s)
Use, Sale, or Lease of Property; “Cash Collateral” Defined.
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Court
:
In re Cosmetic Gallery Inc.
Jun
29
2015
Ruling
Debtor without sufficient unemcumbered assets to operate business granted authority to use cash collateral despite bank's valid lien.
Issue(s)
Was debtor that lacked sufficient unencumbered cash or other assets with which to continue to operate its business in chapter 11 entitled to an order authorizing use of cash collateral that was encumbered by objecting creditor's lien?
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Court
:
In re Jonesboro Hospitality LLC
Oct
15
2013
Ruling
Debtor authorized to use cash collateral to ensure successful recovery.
Issue(s)
Should cash collateral order in favor of debtor hotel operator be approved.
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Court
:
- 11 U.S.C.
In re Stewart
Sep
20
2013
Ruling
Creditor's conversion of debtor's equipment violated stay.
Issue(s)
Did creditor's taking control of and failure to return debtor pizza establishment operator's restaurant equipment, which were left in vacated commercial lease space amount to conversion in violation of stay.
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Court
:
In re HT Pueblo Props. LLC
Oct
24
2011
Ruling
Debtor motel owner and operator could use revenue from room occupancy.
Procedural posture
A bankruptcy debtor owned and operated a motel and contended that use of revenue from room occupancy was essential to the continued operation of the motel and a successful reorganization. A creditor secured by the motel moved to prohibit the debtor from using the room revenues asserting that the revenues were the creditor's cash collateral.
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Court
:
- 11 U.S.C.
Zavala v. Wells Fargo Bank (In re Zavala)
Feb
08
2011
Ruling
Bank's hold on debtor's accounts and request to trustee for instructions did not violate stay.
Procedural posture
Defendant bank filed a motion to dismiss chapter 7 debtors' complaint, which alleged that the bank violated the automatic stay, 11 U.S.C.S. § 362(a)(3), when it refused to disburse monies owed by the bank for two prepetition demand amounts in which the debtors asserted an exemption.
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Court
:
In re Senior Hous. Alternatives Inc.
Jan
19
2011
Ruling
Income stream assigned to creditor's predecessor in interest was "cash collateral" and could be used by debtors.
Procedural posture
A secured creditor of Chapter 11 debtor filed a motion to prohibit the debtor's use of cash and for relief from the automatic stay. The debtor filed a motion to determine that the cash was free and clear of the creditor's lien or, alternatively, for use of cash collateral if it was subject to the creditor's lien.
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Court
:
In re CCWP LLC
Oct
27
2010
Ruling
Debtor authorized to use cash collateral for interim period solely to fund ordinary and necessary costs of operating and maintaining business.
Procedural posture
Chapter 11 debtor sought an order authorizing it to use cash collateral and to provide adequate protection to the lender.
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Court
:
In re Tridimension Energy LP
Oct
18
2010
Ruling
Debtor given emergency authorization to use cash collateral.
Procedural posture
Chapter 11 debtors filed an emergency motion for an order authorizing the debtors to continue to use cash collateral, authorizing the debtors to obtain additional post-petition financing, and granting related relief.
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Court
: