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IN RE SHOPPES OF HILLSBORO, LTD.

Bankruptcy No. 91-30259-BKC-RAM.

131 B.R. 1018 (1991)

In re SHOPPES OF HILLSBORO, LTD., Debtor.

United States Bankruptcy Court, S.D. Florida.

September 26, 1991.

Attorney(s) appearing for the Case

Howard Berlin, Miami, Fla., Howard D. DuBosar, Kluger, Kaplou, Peretz & Berlin, P.A., Boca Raton, Fla., for debtor.

Lynn Harris, Haley, Sinagra & Perez, P.A., Miami, Fla., for Meritor Savings Bank.

MEMORANDUM OPINION

ROBERT A. MARK, Bankruptcy Judge.

This is a Chapter 11 case in which I must determine whether rents generated from the Debtor's shopping center are property of the estate. The answer depends upon whether the mortgagee's pre-petition demand for turnover conveyed ownership of the rents to the mortgagee under § 697.07 of the Florida Statutes. The issue is framed by Meritor Savings Bank's Amended Motion to Sequester Rents and Profits...

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