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IN RE WISTON XXIV LTD., PARTNERSHIP

Bankruptcy No. 91-40410-11.

141 B.R. 429 (1992)

In re WISTON XXIV LIMITED, PARTNERSHIP, Debtor.

United States Bankruptcy Court, D. Kansas.

April 21, 1992.

Attorney(s) appearing for the Case

Royce E. Wallace, William H. Zimmerman, Wallace & Zimmerman, Wichita, Kan., for debtor.

Jonathan A. Margolies, David D. Ferguson, McDowell, Rice & Smith, P.C., Kansas City, Mo., and Michael L. Molinaro and Ronald E. Gold, Katten Muchin & Zavis, Chicago, Ill., for creditor.

John Foulston, Wichita, Kan., U.S. Trustee.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

This matter is before the Court on a dispute between the debtor as mortgagor and Balcor Pension Investors V (Balcor) as creditor-mortgagee. The debtor claims that an assignment of rents clause is not effective in Kansas unless, post-default, (1) the debtor has consented to the mortgagee collecting the rents, or (2) the mortgagee has begun a foreclosure proceeding and obtained the appointment of...

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