Legal Opinion
In Re Melon Produce, Inc., Debtor. Joseph Braunstein, Trustee v. Peter Karger
Court of Appeals for the First Circuit
Decided September 29, 1992No. 91-2250PublishedCited by 25 opinions
1Opinion of the Court
BREYER, Chief Judge.
This appeal raises a technical question about bankruptcy preferences. Suppose a Creditor has a security agreement that covers “rights to money” and contains an “after-acquired property” clause. Suppose at a later time, within the preference period, the Debtor sells other property to third parties, accepts checks from those parties as payment, and immediately endorses those checks over to the Creditor. Does the Creditor have a perfected security interest in those checks or in the “rights to money” that they represent, thereby permitting the Creditor to lawfully receive…
2Cases cited8 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re LewisUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Michalski v. State Bank & Trust (In Re Taco Ed's, Inc.)United States Bankruptcy Court, N.D. Ohio · 1986
- Daniel v. United States Dept. of Treasury (In Re R&T Roofing Structures & Commercial Framing, Inc.)United States Bankruptcy Court, D. Nevada · 1984
- Chase Manhattan Bank, N.A. v. Dent (In Re Trans Air, Inc.)United States Bankruptcy Court, S.D. Florida. · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
- Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015
- Petitioning Creditors of Melon Produce, Inc. v. Joseph Braunstein, Trustee, Melon Produce, Inc. v. Peter KargerCourt of Appeals for the First Circuit · 1997
- McLaughlin v. Security Pacific Housing Services (In Re McLaughlin)United States Bankruptcy Court, W.D. Wisconsin · 1995
- In Re Wesley Industries, Inc., Debtor. Robert M. Galloway, Cross-Appellee v. First Alabama Bank, Jack W. BoykinCourt of Appeals for the First Circuit · 1994
20 more not listed; retrieve them via the Exa API.