Legal Opinion

RCF Technologies, Inc. v. Rubbercraft Corp. (In re RCF Technologies, Inc.)

United States Bankruptcy Court, S.D. Georgia

Decided July 5, 2001No. 00-60490Published

1Opinion of the Court

ORDER

JOHN S. DALIS, Chief Judge.

RCF Technologies, Inc. d/b/a RCF Seals & Couplings, Inc. (hereinafter “Debtor”) objects to the secured status of the claim of Rubbercraft Corporation of California, LTD (hereinafter “Rubber-craft”) on the grounds that Rubbercraft’s judgment was never perfected by recording on the general execution docket in the county where the Debtor is located. Because Georgia law requires that a judgment be recorded before a lien is created and enforceable against third parties, the Debtor’s objection is sustained.

The facts are not in dispute. On January 27, 2000,…

2Cases cited3 opinions

  1. United States v. PalmerDistrict Court, E.D. Tennessee · 1985
  2. Nationsbank, N.A. v. GibbonsCourt of Appeals of Georgia · 1997
  3. Bradley v. BoothCourt of Appeals of Georgia · 1940

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