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IN RE ZEEWAY CORP.

BAP No. AZ 86-1733-AsEMe, Bankruptcy No. B 86-1902-PHX-VAG.

71 B.R. 210 (1987)

In re ZEEWAY CORPORATION, an Arizona corporation, dba Manzanita Raceway, Debtor(s). ZEEWAY CORPORATION, Appellant(s), v. RIO SALADO BANK, Appellee(s).

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 6, 1987.

Attorney(s) appearing for the Case

John J. Hebert, Beus, Gilbert, Wake, & Morrill, Phoenix, Ariz., for appellant(s).

Michael S. Rubin, Mariscal, Weeks, McIntyre & Friedlander, Phoenix, Ariz., for appellee(s).

Before ASHLAND, ELLIOTT, and MEYERS, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

Debtor appeals the order of the bankruptcy court prohibiting the use of income generated from debtor's business activities. The court determined that the income was cash collateral within 11 U.S.C. § 363(c) and was subject to the rents, issues, and profits clause of the deed of trust held by appellee Rio Salado Bank. We reverse.

FACTS

Before bankruptcy, the Zeeway Corporation sold real property, commonly...

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