In re Highlands of Montour, 10-21678 (ND IL ED) (J. Hollis)

In re: Highlands of Montour Run, LLC 10-21678

Opinion Issued June 08 ’11  By Judge Pamela S. Hollis

Summary: Creditor objected to approval of disclosure statement where plan contemplated using rents from apartment complex after the automatic stay had been lifted with respect to the apartment complex and creditor had asserted its right to take possession of the apartment complex and the rents.  Creditor’s objection was sustained on the basis that the rents were no longer property of the estate.

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