IN RE: DELCO OIL, INC., Debtor. MARATHON PETROLEUM CO., LLC., Defendant-Appellant, versus AARON R. COHEN, Plaintiff-Appellee., 599 F.3d 1255

Summary

Fla. Stat. § 679.332(2) did not alter the fact that the SC had a security interest in the debtor's account as proceeds of its properly secured collateral. Under Fla. Stat. § 679.3151(1)(b), (3), and 11 U.S.C.S. § 552(b)(1)(2), the SC's security interest also extended to proceeds which were cash collateral under § 363(a), and under § 363(c)(2), the debtor could not transfer them without the SC's or the bankruptcy court's authorization. That the SC did not have a security interest in the funds after they were transferred was beside the point. The vendor's suggestion that there might have been some unidentified source of the funds that was beyond the SC's blanket lien was speculation and did not create a genuine issue of material fact. Section 549 did not require any analysis of adequate protection, nor did it provide a harmless error exception. Section 363(c)(2)'s prohibition on the use of cash collateral was a specific limitation on the ability § 363(c)(1) provided to use property in ...