Legal Opinion

General Electric Capital Corp. v. Union Planters Bank, N.A. (In re Machinery, Inc.)

United States Bankruptcy Court, E.D. Missouri

Decided April 25, 2006No. Bankruptcy No. 01-43526-293; Adversary No. 03-4623-293PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

General Electric Capital Corporation (“GE Capital”) filed this adversary complaint against Union Planters Bank (“Union Planters”). The parties’ dispute centers on which entity’s security interest had priority with respect to certain cash proceeds (the “Lift Proceeds”) generated post-confirmation by Debtor, Machinery, Inc. (“Machinery”). Because Union Planters was a transferee of the Lift Proceeds, it took those proceeds free of GE Capital’s superior security interest. The Court will accordingly enter judgment in favor of Union Planters.

JURI…

2Cases cited13 opinions

  1. Zafft v. Eli Lilly & Co.Supreme Court of Missouri · 1984
  2. MacKe Laundry Service Ltd. Partnership v. Jetz Service Co.Missouri Court of Appeals · 1996
  3. In Re: Dial Business Forms, Inc., Debtor. General Electric Capital Corporation v. Dial Business Forms, Inc. Paul D. Sinclair, as Trustee on Behalf of Class 3 Unsecured CreditorsCourt of Appeals for the Eighth Circuit · 2003
  4. General Electric Capital Corporation, Appellant/cross-Appellee v. Union Planters Bank, Na, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2005
  5. Barber-Greene Company v. National City Bank of MinneapolisCourt of Appeals for the Eighth Circuit · 1987

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3Cited by3 opinions

  1. In Re MontagneUnited States Bankruptcy Court, D. Vermont · 2009
  2. In Re MacHinery, Inc.United States Bankruptcy Court, E.D. Missouri · 2006
  3. Ag Venture Financial Services, Inc. v. MontagneUnited States Bankruptcy Court, D. Vermont · 2009

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