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In re Marble Hill Cliff Crossing Apts. LLC

In re Marble Hill Cliff Crossing Apts. LLC

Ruling
Debtor in possession could hire contractor to handle methane remediation at apartment complex pursuant to cash collateral order.
Procedural posture

A limited partnership (LP) that was a secured creditor of debtor, a debtor in possession (DIP) under chapter 11, objected to DIP's motion to approve a contract with a contractor and to authorize DIP to pay the contractor the costs of installation of a methane gas remediation system. Issues included whether, as argued by LP, the matter was required to be raised in connection with plan confirmation.

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Commercial opinion summary, case decided on October 21, 2012 , LexisNexis #1112-112