Legal Opinion
Roemelmeyer v. Royal Crown Bottling Co. of Florida (In re LJP, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided October 7, 1983No. Bankruptcy No. 82-01253-BKC-TCB; Adv. No. 83-0752-BKC-TCB-APublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
The issue here is whether a security interest is perfected under Florida law by recor-dation before documentary stamps are purchased and placed on the document. I hold that it is.
The trustee seeks the avoidance of a security agreement in the amount of $813,012 as voidable preference under § 547 because defendant did not place documentary stamps on the promissory note until April 8, 1982, which was within 90 days of bankruptcy. Defendant has answered. The matter was tried on October 6. The facts are stipulated.
It is conceded that if this…
2Cases cited2 opinions
- Steven I. Kotzen and National Patient Aids, Inc. v. Sam J. Levine and Marian P. LevineCourt of Appeals for the Eleventh Circuit · 1982
- Associates Commercial Corp. v. SEL-O-RAK Corp. (In Re SEL-O-RAK Corp.)United States Bankruptcy Court, S.D. Florida. · 1982
3Cited by1 opinion
- Associates Commercial Corporation v. Sel-O-Rak CorporationCourt of Appeals for the Eleventh Circuit · 1984