Bankr. No.:
90-10107
Adv. No.:
91-1001
Chapter:
11
Date of Decision:
March 27, 1992
Issue:
Whether the debtor was entitled to a turnover of the rents collected by a creditor pursuant to an assignment of rents agreement that was separate from the mortgage the debtor gave to the creditor.
Ruling:
The debtor was not entitled to a turnover of the rents because under the terms of the agreement the creditor had a perfected interest in the rents upon the debtor's pre-petition default.
Full Bankruptcy Court Decision:
Appeal Summary:
The district court dismissed the appeal for lack of jurisdiction.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: