Legal Opinion

In Re Halmar Distributors, Inc., Debtors. General Electric Company v. Halmar Distributors, Inc.

Court of Appeals for the First Circuit

Decided July 8, 1992No. 91-2017PublishedCited by 33 opinions

1Opinion of the Court

WEIS, Circuit Judge.

This appeal addresses a bankruptcy judge’s allocation of priorities between two secured creditors and dismissal of a claim for conversion. We conclude that a petition for bankruptcy tolls the four-month period for filing a new financing statement that must be filed when secured property is transferred into a state. We also determine that until it affirmatively disavows its previous acquiescence in the practice, a senior secured creditor may not prevail in a conversion claim against a junior secured creditor for receipt of proceeds from sales of secured goods. We will…

2Cases cited18 opinions

  1. Harley-Davidson Motor Co., Inc., and Itt Commercial Finance Corp. v. Bank of New England--Old Colony, N.A.Court of Appeals for the First Circuit · 1990
  2. Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
  3. In the Matter of Chaseley's Foods, Inc., D/B/A Vic's Super Foods, Debtor. Appeal of Daniel L. Freeland, TrusteeCourt of Appeals for the Seventh Circuit · 1984
  4. In the Matter of Automated Bookbinding Services, Inc., Bankrupt. Finance Company of America v. Hans Mueller CorporationCourt of Appeals for the Fourth Circuit · 1972
  5. Abington National Bank v. Ashwood Homes, Inc.Massachusetts Appeals Court · 1985

13 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Evergreen Marine Corp. v. Six Consignments of Frozen ScallopsCourt of Appeals for the First Circuit · 1993
  2. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  3. Museum of Fine Arts, Boston v. Seger-ThomschitzCourt of Appeals for the First Circuit · 2010
  4. Massachusetts Eye & Ear Infirmary v. QLT Phototherapeutics, Inc.Court of Appeals for the First Circuit · 2005
  5. Adams v. Hartconn Associates, Inc. (In Re Adams)United States Bankruptcy Court, D. Massachusetts · 1997

28 more not listed; retrieve them via the Exa API.

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