IN RE BUTTERMILK TOWNE CENTER, LLC

Nos. 10-8036, 10-8046, 10-8062.

442 B.R. 558 (2010)

In re BUTTERMILK TOWNE CENTER, LLC, Debtor.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: December 23, 2010.


Attorney(s) appearing for the Case

ARGUED: Timothy P. Palmer, Buchanan Ingersoll & Rooney PC, Pittsburgh, Pennsylvania, for Appellant. Beth A. Silvers, Taft Stettinius & Hollister LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Timothy P. Palmer, Buchanan Ingersoll & Rooney PC, Pittsburgh, Pennsylvania, for Appellant. Timothy J. Hurley, Paige Leigh Ellerman, Taft Stettinius & Hollister LLP, Cincinnati, Ohio, for Appellee.

Before: BOSWELL, HARRIS, and RHODES, Bankruptcy Appellate Panel Judges.


OPINION

STEVEN W. RHODES, Bankruptcy Judge.

The dispositive issue in this appeal is whether a debtor in a "single asset real estate" case can provide adequate protection to a creditor for the use of rents as cash collateral without an equity cushion in the property. The Panel finds that Stearns Bldg. v. WHBCF Real Estate (In re Stearns Bldg.), 165 F.3d 28 (6th Cir. 1998) (unpublished table decision) is controlling. Accordingly, the Panel must...

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