Witherell Corp. v. Turnbull (In Re Witherell Corp.)

MEMORANDUM OPINION

STEVEN W. RHODES, Bankruptcy Judge.

This matter is before the Court on the plaintiffs motion for summary judgment after briefing, hearing and supplemental briefing following this Court’s order of August 21, 1992. 144 B.R. 64.

I

In this adversary proceeding, Withered Corporation, the debtor, seeks a declaratory judgment that the defendant’s security interest in the debtor’s interest in a limited partnership is unperfected and thus voidable under 11 U.S.C. § 544(a) (1989). Mr. Turnbull, the defendant, is the general partner of Kean Investments Limited Partnership (the…