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IN RE HARBOUR TOWN ASSOCIATES, LTD.

Bankruptcy No. 389-00693.

99 B.R. 823 (1989)

In re HARBOUR TOWN ASSOCIATES, LTD., a Tennessee limited partnership dba Harbour Town Apartments, Debtor.

United States Bankruptcy Court, M.D. Tennessee.

May 17, 1989.

Attorney(s) appearing for the Case

William R. O'Bryan, Jr., Trabue, Sturdivant & DeWitt, Nashville, Tenn., for State Mut. Life Assur. Co. of America.

G. Rhea Bucy, Gullet, Sanford, Robinson & Martin, Nashville, Tenn., for debtor.

ORDER

GEORGE C. PAINE, II, Chief Judge.

This matter comes before the court on State Mutual Life Assurance Company of America's motion to prohibit use of cash collateral and for other relief. The issues presented are: (1) what rights to rents does a mortgagee have at the commencement of a Chapter 11 case under a recorded assignment of rents and (2) can a mortgagee improve its position post petition under § 546(b).

The following constitute findings...

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