Legal Opinion

Diaconx Corp. v. ITT Corp. (In re Diaconx Corp.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided November 12, 1987No. Bankruptcy No. 86-00167F; Adv. No. 86-0378FPublished

1Opinion of the Court

OPINION

BRUCE I. FOX, Bankruptcy Judge:

As a component of preference litigation initiated by the debtor, the parties here seek a determination of the relative priority of ITT’s security interest in certain property of the debtor. Although the issue presented for decision is narrow, I am required to interpret an ambiguous section of the Uniform Commercial Code involving priorities among conflicting security interests in the same collateral. Ultimately, based on the facts submitted and giving due consideration to the purposes underlying the disputed provision, I conclude that ITT’s purchase money…

2Cases cited14 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. YOUNG v. KayeSupreme Court of Pennsylvania · 1971
  4. Fluehr v. Paolino (In Re Paolino)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. In Re Daily Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1987

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