COMMERCE BANK v. MOUNTAIN VIEW VILLAGE, INC.

No. 92-7652.

5 F.3d 34 (1993)

COMMERCE BANK; Harris Savings Association, Appellees, v. MOUNTAIN VIEW VILLAGE, INC.; Property Management, Inc., Mountain View Village, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 14, 1993.


Attorney(s) appearing for the Case

Lawrence G. Frank (Argued), Law Office of Lawrence G. Frank, Harrisburg, PA, for appellant.

Lloyd R. Persun (Argued), Mette, Evans & Woodside, Harrisburg, PA, for Commerce Bank, appellee.

Richard C. Ruben (Argued), Hanson & Ruben Law Offices, Harrisburg, PA, for Harris Sav. Ass'n and Property Management, Inc., Appellees.

Before: SLOVITER, Chief Judge, NYGAARD and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

After the owner of an apartment complex defaulted on its mortgages, the mortgagees served notice on the tenants and began collecting the rents. Some months later, the owner petitioned for bankruptcy protection under Chapter 11 and asserted its right to use the rents as cash collateral in its reorganization plan. The bankruptcy judge concluded that the rents were part of the...

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