Legal Opinion
In Re Atlantic Marble, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 3, 1991No. 15-13393PublishedCited by 8 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The instant contested matter presents the issue of whether the corporate Debtor retained ownership of certain equipment which was pledged by a successor corporate entity to a bank, thus rendering the Bank’s alleged security interest in the equipment given by the successor a nullity. We find that the successor’s possession of the equipment merely created a presumption of its ownership of same, which the Debtor’s evidence rebutted. Therefore, we conclude that the Debtor remains the owner of the equipment and that the Bank has no valid…
2Cases cited24 opinions
- In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
- In Re PlattDistrict Court, E.D. Pennsylvania · 1966
- Northwest'n Nat. Bk. v. Com'nw'lth.Supreme Court of Pennsylvania · 1942
- Northwestern National Bank v. CommonwealthSupreme Court of Pennsylvania · 1942
- In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Richard Buick, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Okan's Foods, Inc. v. Windsor Associates Ltd. Partnership (In Re Okan's Foods, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re Walnut AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1992
- Kondik v. Ebner (In Re Standard Foundry Products, Inc.)United States Bankruptcy Court, N.D. Illinois · 1997
- In Re Hunt's Pier AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1992
3 more not listed; retrieve them via the Exa API.