Legal Opinion

Covey v. First National Bank in East Peoria (In Re Balcain Equipment Co.)

United States Bankruptcy Court, C.D. Illinois

Decided December 14, 1987No. 19-80151PublishedCited by 7 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

This matter came on to be heard on the Trustee’s motion for summary judgment. The facts and the issue in this case are straightforward. The Debtor gave the bank a security interest in

“all accounts receivable now existing or hereafter arising; all inventory held in connection with the business of borrower”.

Subsequently, the bank took possession of the Debtor’s inventory. The Debtor filed its Chapter 7 proceeding, and the Trustee filed a preference action to recover the value of the inventory on the theory that as to after acquired…

2Cases cited3 opinions

  1. In the Matter of Leland G. Schmaling and Mary F. Schmaling, Debtors. Appeal of Esther J. Schmaling, Leland G. Schmaling and Mary F. SchmalingCourt of Appeals for the Seventh Circuit · 1986
  2. In the Matter of Middle Atlantic Stud Welding Co., Bankrupt. Appeal of Tru-Fit Screw Products CorpCourt of Appeals for the Third Circuit · 1974
  3. In Re Gary & Connie Jones Drugs, Inc.United States Bankruptcy Court, D. Kansas · 1983

3Cited by7 opinions

  1. Paulman v. Gateway Venture Partners III, L.P. (In re Filtercorp, Inc.)Court of Appeals for the Ninth Circuit · 1998
  2. In Re Filtercorp, Inc.Court of Appeals for the Ninth Circuit · 1998
  3. Kuemmerle v. United New Mexico Bank at Roswell, N.A.New Mexico Supreme Court · 1992
  4. In Re Kelton Motors, Inc.United States Bankruptcy Court, D. Vermont · 1990
  5. Claytor v. Shenandoah Warehouse Co. (In Re Shenandoah Warehouse Co.)United States Bankruptcy Court, W.D. Virginia · 1996

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