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IN RE COOPER COMMONS, LLC

No. 03-56818.

424 F.3d 963 (2005)

In re COOPER COMMONS, LLC, Debtor, Weinstein, Eisen & Weiss, LLP, Appellant, v. David A. Gill, Chapter 11 Trustee; Comerica Bank, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2005.

Attorney(s) appearing for the Case

David R. Weinstein, Los Angeles, CA, argued the cause for the appellant; David R. Weinstein and Leonard Peña, Los Angeles, CA, were on the briefs.

Joel R. Ohlgren, Los Angeles, CA, argued the cause for the appellees; John J. Bingham, Jr., John N. Tedford, IV, and David J. McCarty, Los Angeles, CA, were on the briefs.

Before: O'SCANNLAIN and WARDLAW, Circuit Judges, and LOVELL, District Judge.

O'SCANNLAIN, Circuit Judge.

We must decide whether a lender to a bankrupt condominium development can effectively specify that post-petition loans it makes may be used only for certain purposes.

I

Cooper Commons, LLC, voluntarily entered Chapter 11 bankruptcy on February 22, 2002. Its business consisted of the construction and sale of a 62-unit condominium development in West Hollywood, California. Its principal creditor was Comerica Bank, which...

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