Skip to main content

§ 363(a)

In re Linda Drive Apts. LLC

Aug
16
2010
Ruling
Debtor in possession granted authority to use cash collateral given good cause shown.
Procedural posture

Before the court was the Chapter 11 debtor's Motion for Authority to Use Cash Collateral.

ABI Membership is required to access the full summary of In re Linda Drive Apts. 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 August 16, 2010 , LexisNexis #0111-113
LexisNexis Article
Learn More

In re Four Bucks LLC

Jun
29
2009
Ruling
Debtor in possession could not use rents that were fully assigned to lender in loan documents.
Procedural posture

A debtor in possession operated an apartment complex and the debtor sought to use the rents collected from the property. The debtor moved for authorization to use cash collateral, and the debtor's lender objected on the ground that the estate did not have an interest in the rents.

ABI Membership is required to access the full summary of In re Four Bucks 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 June 29, 2009 , LexisNexis #0809-040
LexisNexis Article
Learn More

Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)

Apr
11
2008
Ruling
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
Procedural posture

Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.

ABI Membership is required to access the full summary of Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 11, 2008 , LexisNexis #0608-058
LexisNexis Article
Learn More

Sheppard v. Wells Fargo Fin. Leasing Inc. (In re Sheppard)

Jul
12
2006
Ruling
Motion to dismiss by debtor in state court action against creditor with no counterclaim did not violate stay.
Procedural posture

Debtor had filed a state court action against creditor. In that action, the creditor answered but did not file a counterclaim. It moved to dismiss that lawsuit with prejudice. When it became apparent that the creditor intended to go forward on its motion to dismiss, the debtor filed the instant emergency motion to stay the state court action. The state court nevertheless went ahead with the hearing and granted the motion to dismiss.

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

opinion summary, case decided on July 12, 2006 , LexisNexis #0906-108
LexisNexis Article
Learn More
Subscribe to %1