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Scottsdale Medical Pavilion

United States Court of Appeals, Ninth Circuit
Apr 10, 1995
52 F.3d 244 (9th Cir. 1995)

Summary

adopting BAP's reasoning as its own

Summary of this case from In re Las Vegas Monorail Co

Opinion

No. 93-17165.

Argued and Submitted March 14, 1995.

Decided April 10, 1995.

Betty J. Cather, Seefeldt, Sparks and Neal, Tucson, AZ, for appellant.

John P. Arnold, Snell Wilmer, Tucson, AZ, for appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel; Perris, Russell, and Volinn Bankruptcy Judges, Presiding.

Before: CHOY, NORRIS, and FERNANDEZ, Circuit Judges.


ORDER

Scottsdale Medical Pavilion appeals the order of the Bankruptcy Appellate Panel which upheld an order of the bankruptcy court sequestering $15,605, which had been collected as rent before the bankruptcy proceedings started. The bankruptcy court ruled that the money was cash collateral subject to Mutual Benefit Life Insurance Company's security interest in an assignment of rents from Scottsdale, which was given as part of a deed of trust.

We have carefully reviewed the record, the law, and the BAP's excellent opinion. We affirm for the reasons set forth in the BAP's opinion, which we adopt as our own. See In re Scottsdale Medical Pavilion, 159 B.R. 295 (Bankr. 9th Cir. 1993).

AFFIRMED.


Summaries of

Scottsdale Medical Pavilion

United States Court of Appeals, Ninth Circuit
Apr 10, 1995
52 F.3d 244 (9th Cir. 1995)

adopting BAP's reasoning as its own

Summary of this case from In re Las Vegas Monorail Co

adopting BAP's reasoning as its own

Summary of this case from In re Wilson

In Scottsdale, the security agreement provided that all postdefault rents collected by the debtor, including those collected before the creditor acted to enforce its security interest, were subject to the creditor's security interest; therefore the court decided all postdefault rents were "cash collateral" in the bankruptcy estate under 11 United States Code section 363(a).

Summary of this case from Federal National Mortgage Assn. v. Bugna
Case details for

Scottsdale Medical Pavilion

Case Details

Full title:IN RE SCOTTSDALE MEDICAL PAVILION, DEBTOR. SCOTTSDALE MEDICAL PAVILION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 10, 1995

Citations

52 F.3d 244 (9th Cir. 1995)

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In re Wright

In arguing that they held an enforceable interest in Wright's prepetition rents under applicable state law,…

In re Wilson

Scottsdale Medical Pavilion v. Mutual Benefit Life Insurance Company in Rehabilitation, 153 B.R. 295, 302…