§ 363(c)(2)

Clinical Pet of Ocala, LLC, In re

Ruling: 
Court ruled that termination of debtor's use of cash collateral was appropriate as it failed tomake adequate protection payments. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-071

In re Chardon LLC

Ruling: 
Debtor's motion for use of cash collateral denied absent showing that undersecured creditor was adequately protected.
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Commercial case opionion summary, case decided on January 12,2015, LexisNexis #0215-081

In re Chardon LLC

Ruling: 
Debtor's motion for use of cash collateral denied absent showing that undersecured creditor was adequately protected.
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Commercial case opionion summary, case decided on January 12,2015, LexisNexis #0215-081

In re General Auto Bldg. LLC

Debtor applied for an order per 11 U.S.C.S. § 363(c)(2)(B) permitting it to use cash collateral belonging to claimant LLC to compensate debtor's appraiser for certain services while the LLC sought relief from stay per 11 U.S.C.S. § 362 on various grounds including lack of adequate protection.
Ruling: 
Application to use cash collateral to compensate appraiser denied.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-078

Far East Natl Bank v. United States Trustee San Diego (In re Premier Golf Props. LP)

Appellant bank filed a motion to prohibit appellee debtor from using cash collateral. The U.S. Bankruptcy Court for the Southern District of California denied the motion because it determined that revenue from debtor's postpetition green fees and driving range fees did not constitute the bank's cash collateral. The bank appealed. The U.S. Trustee, San Diego, was also an appellee.
Ruling: 
"After acquired" clause in security agreement did not apply to postpetition earnings which were not cash collateral.
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Commercial case opionion summary, case decided on August 13,2012, LexisNexis #0912-074

LightStyles Ltd. V. Susquehanna Bank (In re LightStyles Ltd.)

A chapter 11 debtor filed a motion for use of cash collateral pursuant to 11 U.S.C.S. § 363(c)(2). A bank that held a security interest in all of the debtor's assets other than motor vehicles requested that the court deny the motion or authorize the use of cash collateral only to the extent that the debtor provided the bank with adequate protection of its rights.
Ruling: 
Cash collateral order denied where debtor's financial projections were speculative.
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Commercial case opionion summary, case decided on July 27,2012, LexisNexis #0812-109

In re OBrien

A chapter 11 debtor sought an order authorizing him to use collateral and cash collateral and granting adequate protection to creditors.
Ruling: 
Debtor authorized to use cash collateral to continue operation of business.
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Consumer case opionion summary, case decided on December 24,2011, LexisNexis #0212-047

In re Wright Group Inc.

A Chapter 11 debtor-in-possession filed an emergency motion for use of a bank's cash collateral. A hearing was held with respect to extended use of cash collateral. The general issue was whether the receipts derived by debtor from operation of its miniature golf course facility constituted "cash collateral" as defined by 11 U.S.C.S. § 363(a), so that debtor's use of those receipts was subject to § 363(c)(2). Judgment was pending.
Ruling: 
Cash receipts derived by debtor from patrons of its miniature gold course did not constitute cash collateral and could be used by debtor without court order.
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Commercial case opionion summary, case decided on February 15,2011, LexisNexis #0311-042

In re Podzemny

Debtor in possession moved for the authorization for use of over $12 million in cash collateral: $1.2 million to acquire up to 2,000 head of cattle; $6 million of cash collateral to acquire up to 9,000 head of wheat cattle; $4.5 million to plant, cultivate and harvest a 2011 corn crop on approximately 7,170 acres, including the newly developed acreage, and for installation of an irrigation system.
Ruling: 
Debtor authorized to use cash collateral to raise corn and cattle.
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Consumer case opionion summary, case decided on February 08,2011, LexisNexis #0311-077

In re Proceedings Under Chapter 11 Case Nos. 08-16786 & 08-16788

Movant debtors filed a motion for authorization to use cash collateral, pursuant to 11 U.S.C.S. § 363(c)(2)(B). Respondents, a lender and the committee of unsecured creditors, objected to such relief.
Ruling: 
Debtors authorized to use cash collateral to operate business as debtors in possession.
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Commercial case opionion summary, case decided on October 31,2008, LexisNexis #1208-040

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