Legal Opinion

FirsTrust Bank v. Indus. Bank (In re Essex Constr., LLC)

United States Bankruptcy Court, D. Maryland

Decided September 25, 2018No. Case No. 16-24661-TJC; Adversary No. 17-00156PublishedCited by 8 opinions

1Opinion of the Court

THOMAS J. CATLIOTA, U.S. BANKRUPTCY JUDGE

*632Before the court are cross-motions for summary judgment filed by defendant Industrial Bank and plaintiff Firstrust Bank. ECF 7, 11. As of the petition date, both banks held perfected security interests in all of the assets of debtor Essex Construction, LLC, with Industrial Bank's security interest being senior to that of Firstrust. Industrial Bank's financing statement lapsed post-petition on February 13, 2017, when it failed to file timely a continuation statement. Firstrust argues that, as a result of the lapse, Industrial Bank's lien ceased to be…

2Cases cited14 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
  4. Ex Parte City BankSupreme Court of the United States · 1844
  5. Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940

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3Cited by8 opinions

  1. Emiko JeffriesUnited States Bankruptcy Court, D. Maryland · 2025
  2. Jason W. LitvinasUnited States Bankruptcy Court, E.D. Virginia · 2022
  3. Jeffries v. HerrDistrict Court, D. Maryland · 2025
  4. Jeffries v. HerrDistrict Court, D. Maryland · 2025
  5. Keith James JeffriesUnited States Bankruptcy Court, D. Maryland · 2025

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