IN RE PREMIER GOLF PROPERTIES, LP

BAP No. SC-11-1508-HPaJu. Bankruptcy No. 11-07388.

477 B.R. 767 (2012)

In re PREMIER GOLF PROPERTIES, LP, Debtor. Far East National Bank, Appellant, v. United States Trustee, San Diego; Premier Golf Properties, LP, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 13, 2012.


Attorney(s) appearing for the Case

Richard J. Frick of Frick Pickett & McDonald LLP, Pasadena, CA, argued for the Appellant. Darvy Mack Cohan of the Law Offices of Darvy Mack Cohan, La Jolla, CA, argued for Appellee, Premier Golf Properties, LP.

Before: HOLLOWELL, PAPPAS, and JURY, Bankruptcy Judges.


OPINION

HOLLOWELL, Bankruptcy Judge.

Far East National Bank (the Bank) filed a motion to prohibit the debtor from using cash collateral. The bankruptcy court denied the motion because it determined that revenue from the debtor's postpetition green fees and driving range fees did not constitute the Bank's cash collateral. The Bank appealed. For the reasons given below, we AFFIRM.

I. FACTS

Premier Golf Properties, L.P. (the Golf Club) owns...

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