Legal Opinion

Drabkin v. Capital Bank, N.A. (In Re Latin Investment Corp.)

District Court, District of Columbia

Decided June 30, 1993No. Bankruptcy No. 90-01046, Adversary Proceeding No. 92-0278PublishedCited by 8 opinions

1Opinion of the Court

DECISION DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT

S. MARTIN TEEL, Jr., Bankruptcy Judge.

This adversary proceeding is an avoidance action. Resolving it involves determining how to perfect a security interest in a certificate of deposit (CD) bearing the legend "non-negotiable” and “non-transferable.” Central to the dispute is how the CD should be classified under Article 9 of the Uniform Commercial Code (“UCC”). This is important because it controls the proper method of perfection. According to Murray Drabkin (“the trustee”), the trustee for the chapter 7 estate of the debtor, Latin Investment…

2Cases cited18 opinions

  1. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  2. First National Bank in Grand Prairie v. Lone Star Life Insurance Co.Court of Appeals of Texas · 1975
  3. Walton v. Piqua State BankSupreme Court of Kansas · 1970
  4. Army National Bank v. Equity Developers, Inc.Supreme Court of Kansas · 1989
  5. In the Matter of United Thrift Stores, Inc., Debtor. Redisco, Inc. v. United Thrift Stores, Inc., Debtor, and James E. Masterson, TrusteeCourt of Appeals for the Third Circuit · 1966

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3Cited by8 opinions

  1. McFarland v. BrierSupreme Court of Rhode Island · 2004
  2. Cadle Co. v. Citizens National BankWest Virginia Supreme Court · 1997
  3. In Re Omega Environmental Inc., a Delaware Corporation, Debtor v. Valley Bank NaCourt of Appeals for the Ninth Circuit · 2000
  4. Official Committee of Unsecured Creditors of Investors & Lenders, Ltd. v. Field (In Re Investors & Lenders, Ltd.)United States Bankruptcy Court, D. New Jersey · 1994
  5. Craft Products, Inc. v. Hartford Fire Insurance Co.Indiana Court of Appeals · 1996

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