Legal Opinion
In the Matter of E. A. Fretz Company, Inc., Bankrupt. Republic National Bank of Dallas v. Carl S. Fitzgerald, Trustee
Court of Appeals for the Fifth Circuit
Decided March 9, 1978No. 75-2520PublishedCited by 24 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
This appeal presents a flood of interesting questions. The most intriguing issue is whether the Uniform Commercial Code, construed in light of the policies underlying the Bankruptcy Act, permits the use of “floating secured parties” in secured transactions. Under the bizarre facts of this case, we hold that it does not and reverse.
Diving Into The UCC Sea
On April 3, 1971, E. A. Fretz Co., Inc. (Fretz), a Texas Corporation, executed as “Debtor” three security agreements giving Revlon, Inc. as “Secured Party” a security interest in certain collateral, including all of…
2Cases cited9 opinions
- In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
- In Re Cushman Bakery and Cushman Baking Company. Appeal of Jacob Agger, TrusteeCourt of Appeals for the First Circuit · 1976
- King-Porter Company v. ScanlonCourt of Appeals for the Fifth Circuit · 1971
- Avco Delta Corporation Canada Limited v. United States of America, and Canadian Parkhill Pipe Stringing, Inc.Court of Appeals for the Seventh Circuit · 1972
- O. M. Scott Credit Corp. v. Colorado Mercantile Co.District Court, D. Colorado · 1969
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985
- Bayer Corp. v. MascoTech, Inc. (In re Autostyle Plastics, Inc.)Court of Appeals for the Sixth Circuit · 2001
- Agco Corporation v. Max AnglinCourt of Appeals for the Seventh Circuit · 2000
- Ronald J. Sommers v. International Business MacHines and West Publishing Company, DefendantsCourt of Appeals for the Fifth Circuit · 1981
- United States v. Jenkins (In Re Richardson)United States Bankruptcy Court, W.D. Missouri · 1985
19 more not listed; retrieve them via the Exa API.