Money Store Investment Corp. v. Liscinski (In Re Wholesale Warehouse, Inc.)

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

In this adversary proceeding the plaintiff, The Money Store Investment Corp. (hereinafter “MSIC”) seeks to compel turnover of a fund held by defendant Theodore J. Liscinski, Jr. (hereinafter “the trustee”). MSIC has moved for summary judgment compelling turnover on the ground that the fund in question is proceeds of a general intangible in which MSIC has a perfected first security interest. The trustee argues that the property in question was a deposit rather than a general intangible, and was not subject to MSIC’s lien.

This court has…