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IN RE NORTHWEST COMMONS, INC.

Bankruptcy No. 91-46967-399.

136 B.R. 215 (1991)

In re NORTHWEST COMMONS, INC., Debtor. IMPERIAL GARDENS LIQUIDATING TRUST, Movant, v. NORTHWEST COMMONS, INC., Respondent.

United States Bankruptcy Court, E.D. Missouri, E.D.

December 31, 1991.

Attorney(s) appearing for the Case

Joseph J. Trad, Lewis, Rice & Fingersh, St. Louis, Mo., for debtor.

Lloyd A. Palans, Matthew R. Niemann, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., Stanley H. Chorlins, Love, Lacks & Paule, Clayton, Mo., for Imperial Gardens Liquidating Trust.

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

This is a case of first impression in this District. It calls for a determination of whether post-petition rent is cash collateral when, before commencement of a debtor's Chapter 11 case, a mortgagee invokes its rights under an assignment of rents clause to collect all future rents.

Procedurally, this issue arises at final hearing of Debtor's request for use...

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