In Matter of Strick Chex Columbus Two, LLC

542 B.R. 914 (2015)

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In Matter of Strick Chex Columbus Two, LLC

United States Bankruptcy Court for the Northern District of Georgia
542 B.R. 914 (2015)

  • Written by Rose VanHofwegen, JD
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Facts

Strick Chex Columbus Two, LLC (SCCT) (debtor) operated a Checkers restaurant. The Bank of North Georgia (creditor) loaned SCCT about $330,000 secured by virtually all of SCCT’s personal property and its proceeds. Shortly after SCCT filed to reorganize in bankruptcy, the bank moved to lift the automatic stay or condition SCCT’s using its cash collateral to adequately protect the bank’s interest. Specifically, the bank argued that a blanket security interest in SCCT’s personal property including inventory, equipment, and franchise agreement meant all SCCT’s revenue after filing constituted “proceeds” of that collateral. Paying owners and employees and buying new inventory with revenue arguably used the bank’s cash collateral without consent. The bank wanted to either lift the stay or require a replacement blanket lien on SCCT’s business assets, insurance, compliance with a bank-approved budget, minimum $2,000 monthly protection payments, and weekly financial reports.

Rule of Law

Issue

Holding and Reasoning (Drake, J.)

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