Legal Opinion
In Re Weir-Penn, Inc.
United States Bankruptcy Court, N.D. West Virginia
Decided June 28, 2006No. 06-56Published
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
United Bank, Inc. (“United Bank”), filed a motion for relief from the automatic stay of the Bankruptcy Code to repossess convenience store property and enforce its security rights under State law. 1 Thomas H. Fluharty, the Chapter 7 trustee (the “Trustee”) for Weir-Penn, Inc. (the “Debt- or”), opposes the motion on the basis that United Bank is not a secured creditor because it cannot produce an authenticated security agreement. The Debtor joins in the Trustee’s objection.
The court held a telephonic hearing in this matter on March 23,…
2Cases cited8 opinions
- In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
- In the Matter of Numeric Corp., Bankrupt. Appeal of Russell E. BlankCourt of Appeals for the First Circuit · 1973
- Mid-Eastern Electronics, Inc. A New Jersey Corporation v. First National Bank of Southern Maryland, GarnisheeCourt of Appeals for the First Circuit · 1967
- Mid-Eastern Electronics, Inc. v. First National Bank of Southern Maryland, GarnisheeCourt of Appeals for the First Circuit · 1970
- Gibson County Farm Bureau Cooperative Ass'n v. GreerIndiana Supreme Court · 1994
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