Legal Opinion

Sacks v. Rothberg (In Re Rothberg)

District Court, District of Columbia

Decided May 30, 1991No. Bankruptcy No. 89-1040, Adv. Proc. No. 90-0120PublishedCited by 1 opinion

1Opinion of the Court

DECISION ON MOTIONS FOR SUMMARY JUDGMENT

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The plaintiff Pauline Sacks seeks a declaration that she has an equitable lien against the debtor’s interest in a limited partnership and that the equitable lien takes priority over any perfected security interests of the defendants. I hold that she has no equitable lien but only a consensual lien constituting an unperfected security interest junior to perfected security interests under article 9 of the District of Columbia’s Uniform Commercial Code (“UCC”). 1 Accordingly, I will deny her motion for summary judgment…

2Cases cited5 opinions

  1. Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  2. In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond ErwinCourt of Appeals for the Eighth Circuit · 1973
  3. Mary Osin v. Robert H. JohnsonCourt of Appeals for the D.C. Circuit · 1957
  4. Busch v. Washington Communications Group, Inc. (In Re Washington Communications Group, Inc.)District Court, District of Columbia · 1981
  5. Security State Bank of Tyndall, South Dakota v. Cap (In re Van Winkle)United States Bankruptcy Court, D. South Dakota · 1985

3Cited by1 opinion

  1. River Valley Bank of Russellville v. Ace Sports Management, LLC (In Re Ace Sports Management, LLC)United States Bankruptcy Court, E.D. Arkansas · 2001

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