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IN RE WEST CHESTNUT REALTY OF HAVERFORD, INC.

Civ. A. No. 94-CV-3103. Bankruptcy No. 93-15996 R.

173 B.R. 322 (1994)

In re WEST CHESTNUT REALTY OF HAVERFORD, INC., Debtor. V. DiFRANCESCO & SONS, Appellant, v. WEST CHESTNUT REALTY OF HAVERFORD, INC. and Official Committee of Unsecured Creditors, Appellees.

United States District Court, E.D. Pennsylvania.

October 18, 1994.

Attorney(s) appearing for the Case

Joanne Semeister, Kenneth Maiman, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for V. DiFrancesco & Sons.

Charles M. Golden, Edmond M. George, Obermeyer, Rebmann, Maxwell & Hippel, Philadelphia, PA, for West Chestnut Realty of Haverford, Inc.

J. Gregg Miller, Francis J. Lawall, Kurt F. Gwynne, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Official Committee of Unsecured Creditors.

MEMORANDUM AND ORDER

JOYNER, District Judge.

The issue in this appeal from the United States Bankruptcy Court for the Eastern District of Pennsylvania concerns whether "tipping fees" received by a landfill operator constitute "cash collateral" for purposes of 11 U.S.C. § 363. The Bankruptcy Court held that the tipping fees received by the landfill operator were not cash collateral. Because we agree with the reasoning of the Bankruptcy Court,...

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