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IN RE SCOTTSDALE MEDICAL PAVILION

BAP No. AZ-92-1743-PRV, Bankruptcy No. 92-1006 PHX RTB.

159 B.R. 295 (1993)

In re SCOTTSDALE MEDICAL PAVILION, an Arizona limited partnership, Debtor. SCOTTSDALE MEDICAL PAVILION, Appellant, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY IN REHABILITATION, successor to Mutual Benefit Life Insurance Co., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted May 10, 1993.

Decided September 27, 1993.

Attorney(s) appearing for the Case

David W. Eagle, Phoenix, AZ, for appellant.

Paul E. Tang, Tucson, AZ, for appellee.

Before: PERRIS, RUSSELL, and VOLINN, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge:

Scottsdale Medical Pavilion ("debtor") appeals an order concluding that rents collected by it prepetition are cash collateral as defined by 11 U.S.C. § 363(a) and denying the debtor use of that collateral. We AFFIRM.

FACTS

The debtor executed a promissory note payable to the order of Mutual Benefit Life Insurance Company ("Mutual")1 secured by a deed of trust on the debtor...

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