TLP Services, LLC v. Stoebner, No. 11-6058 (8th Cir. 2011)
Annotate this CaseJohn R. Stoebner was the trustee for the jointly administered chapter 7 bankruptcy estates of debtors. Stoebner filed a verified motion for authorization to use cash collateral and TLP objected to the motion. The bankruptcy court overruled TLP's objection and allowed Stoebner to use cash collateral, finding the replacement lien offered by Stoebner adequately protected TLP's interest in the cash collateral. TLP timely appealed. The court held that the bankruptcy court's order allowing Stoebner to use cash collateral had ample support in the record evidence, especially in light of TLP's failure to offer any contrary evidence. Under the circumstances, the court could not say that the bankruptcy court's oral finding of adequate protection was clearly erroneous. Accordingly, the judgment was affirmed.
Court Description: Bankruptcy Appellate Panel. Order allowing Chapter 7 trustee to use cash collateral affirmed.
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