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CONSOLIDATED CAPITAL INCOME TRUST v. COLTER, INC.

Civ. A. Nos. 85-M-181 to 85-M-187.

47 B.R. 1008 (1985)

In re CONSOLIDATED CAPITAL INCOME TRUST, Plaintiff/Appellee, v. COLTER, INC., Glissade, Inc., Mountaineer Corporation, Peakview Incorporated, Goldtone, Inc., TGP, Inc., Bridger, Inc., Defendants/Debtors/Appellants.

United States District Court, D. Colorado.

March 28, 1985.

Attorney(s) appearing for the Case

Mark Fulford, Sherman & Howard, P.C., Denver, Colo., William P. Weintraub, Murphy, Weir & Butler, San Francisco, Cal., for plaintiff/appellee.

Nancy D. Miller, Sheila Porter Main, Sterling & Miller, P.C., Denver, Colo., for defendants/debtors/appellants.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

This is an appeal of a bankruptcy judge's ruling entered October 23, 1984 that rents received from real property owned by debtors who had filed under Chapter 11 were "cash collateral", and that the debtors were proscribed from using the rents without compliance with 11 U.S.C. § 363(c)(2). The debtors contend that the rents are not cash collateral, and that they have the right to the unfettered use...

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