Legal Opinion
In Re White
United States Bankruptcy Court, E.D. Tennessee
Decided August 6, 1985No. Bankruptcy 3-85-00367PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON OBJECTION TO CLAIM NO. 19
CLIYE W. BARE, Bankruptcy Judge.
At issue is whether the interest of a secured creditor remains perfected where the original secured debtor is converted from a partnership to a sole proprietorship but continues to do business under the same name in which the creditor’s financing statement is filed. The debtors’ trustee in bankruptcy challenges the sufficiency of the trade name filing. The secured creditor contends it properly perfected through filing in the partnership name when it made the secured loan and asserts it did not have a duty to…
2Cases cited12 opinions
- In Re Cynthia K. McBee D/B/A Oak Hill Gun Shop, Debtor. National Bank of Texas v. West Texas Wholesale Supply Company v. Republicbank-Austin, Appellee-AppellantCourt of Appeals for the Fifth Circuit · 1983
- Thomas v. GoughCourt of Appeals for the Ninth Circuit · 1972
- In Re Kittyhawk Television Corp., Bankrupt. Robert K. Corwin, Trustee v. Rca CorporationCourt of Appeals for the Sixth Circuit · 1975
- Richmond Fixture & Equipment Co. v. Hyman (In Re Southern Properties, Inc.)United States Bankruptcy Court, E.D. Virginia · 1984
- In the Matter of Kalamazoo Steel Process, Inc., Bankrupt. H. G. Burnett, Trustee v. H. O. U. Corporation of Kalamazoo, MichiganCourt of Appeals for the Sixth Circuit · 1974
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3Cited by3 opinions
- Brown v. Belarus MacHinery, Inc. (In Re Service Lawn & Power, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1988
- Production Credit Ass'n v. Lane (In Re Cattle Complex Corp.)United States Bankruptcy Court, D. New Mexico · 1986
- In re Sparmal Enterprises, Inc.District Court, S.D. Indiana · 1987