Legal Opinion

In Re Adrian Research & Chemical Company

District Court, E.D. Pennsylvania

Decided December 4, 1958No. Bankr. 25392PublishedCited by 3 opinions

1Opinion of the Court

WELSH, District Judge.

Upon this Certificate of Review the sole question is: Under the Commercial Code may a reclamation petitioner recover all of the tangible assets of the bankrupt under a security agreement even though prior thereto he had obtained a judgment, issued execution and caused a levy to be made?

The facts are not in dispute and may be stated as follows:

On September 10, 1957, the bankrupt, Adrian Research and Chemical Company, Inc., in consideration of an accumulation of rent arrearages to the extent of $7600 due to William M. Kirkpatrick, its landlord, executed a Security…

2Cases cited2 opinions

  1. In re FitzpatrickDistrict Court, W.D. Pennsylvania · 1923
  2. In re ElkinsDistrict Court, E.D. Pennsylvania · 1941

3Cited by3 opinions

  1. Matter of Adrian Research and Chemical Co., Inc., Bankrupt, William M. KirkpatrickCourt of Appeals for the Third Circuit · 1959
  2. Farmers State Bank of Parkston v. OttenSouth Dakota Supreme Court · 1973
  3. Farmers State Bank of Parkston v. OttenSouth Dakota Supreme Court · 1973

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