Skip to main content

§ 363(a)

Speer, In re--Seaport Capital Partners, LLC v. Speer

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.

ABI Membership is required to access the full summary of Speer, In re--Seaport Capital Partners, LLC v. Speer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Consumer opinion summary, case decided on June 12, 2020 , LexisNexis #0720-078

Tara Retail Grp., Inc, In re

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.

ABI Membership is required to access the full summary of Tara Retail Grp., Inc, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 14, 2018 , LexisNexis #0418-033

In re Cosmetic Gallery Inc.

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?

ABI Membership is required to access the full summary of In re Cosmetic Gallery Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 29, 2015 , LexisNexis #0715-116

In re Jonesboro Hospitality LLC

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.

ABI Membership is required to access the full summary of In re Jonesboro Hospitality LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 15, 2013 , LexisNexis #1113-009

In re Stewart

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.

ABI Membership is required to access the full summary of In re Stewart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 20, 2013 , LexisNexis #1113-037

In re HT Pueblo Props. LLC

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.

ABI Membership is required to access the full summary of In re HT Pueblo Props. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 24, 2011 , LexisNexis #1111-113

Zavala v. Wells Fargo Bank (In re Zavala)

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.

ABI Membership is required to access the full summary of Zavala v. Wells Fargo Bank (In re Zavala) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 08, 2011 , LexisNexis #0311-007

In re Senior Hous. Alternatives Inc.

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.

ABI Membership is required to access the full summary of In re Senior Hous. Alternatives Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 19, 2011 , LexisNexis #0211-042

In re CCWP LLC

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.

ABI Membership is required to access the full summary of In re CCWP LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 27, 2010 , LexisNexis #0111-111

In re Tridimension Energy LP

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.

ABI Membership is required to access the full summary of In re Tridimension Energy LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 18, 2010 , LexisNexis #0111-112