Legal Opinion
Kay Automotive Warehouse, Inc. v. McGovern Auto Specialty, Inc. (In Re McGovern Auto Specialty, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 5, 1985No. 19-10958PublishedCited by 18 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The essence of the instant dispute, arising under a creditor’s complaint for a determination of the validity and priority of a security interest, is whether a financing statement erroneously denominating the debtor as “McGovern Auto & Truck Parts, Inc.” rather than “McGovern Auto Specialty, Ine.” is seriously misleading under 13 Pa.Cons.Stat. § 9402 of the Uniform Commercial Code (“UCC”) of Pennsylvania so as to render the security interest ineffective against the debtor in possession. On the basis of the facts educed at trial, we conclude that the error…
2Cases cited8 opinions
- In Re PlattDistrict Court, E.D. Pennsylvania · 1966
- In re KravitzCourt of Appeals for the Third Circuit · 1960
- Emerson Quiet Kool Corp. v. Marta Group, Inc. (In Re Marta Group, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Bloom v. HiltySupreme Court of Pennsylvania · 1967
- Frank v. Arnold (In re Morrissey)Court of Appeals for the Third Circuit · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- General Electric Credit Corp. v. Nardulli & Sons, Inc.Court of Appeals for the Third Circuit · 1988
- In Re WatersUnited States Bankruptcy Court, N.D. Iowa · 1988
- In Re Executive House AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Brace v. United States, Farmers Home Administration (In Re Brace)United States Bankruptcy Court, W.D. Pennsylvania · 1994
- In Re Darling Lumber, Inc.United States Bankruptcy Court, E.D. Michigan · 1986
13 more not listed; retrieve them via the Exa API.