Legal Opinion

In Re Hammond

United States Bankruptcy Court, E.D. Tennessee

Decided March 27, 1984No. Bankruptcy 1-83-02177PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The debtors objected to claims 1 and 2 filed by Agristor Credit Corporation as secured claims. The debtors contend that the claims are unsecured because Agristor failed to perfect its security interests by filing financing statements in the correct place. 11 U.S.C. § 544(a); Tenn.Code Ann. § 47-9-301(l)(b) & (3).

Agristor filed financing statements in McMinn County, Tennessee, where the silos and unloaders are located. This was the correct place of filing to perfect the security interests if the silos and unloaders are “fixtures”. Tenn.Code Ann. §…

2Cases cited5 opinions

  1. Corning Bank v. Bank of RectorSupreme Court of Arkansas · 1979
  2. Harry J. Whelchel Co. v. KingTennessee Supreme Court · 1980
  3. McCarthy v. BankSuperior Court of Pennsylvania · 1980
  4. Still v. City Bank & Trust Co. (In Re Belmont Industries)United States Bankruptcy Court, E.D. Tennessee · 1979
  5. Still v. Cal-Maine Foods, Inc. (In Re Mayfield)United States Bankruptcy Court, E.D. Tennessee · 1983

3Cited by3 opinions

  1. Matter of PettitUnited States Bankruptcy Court, S.D. Iowa · 1985
  2. In Re Chattanooga Choo-Choo Co.United States Bankruptcy Court, E.D. Tennessee · 1989
  3. Hubbard v. Hardeman County BankCourt of Appeals of Tennessee · 1993

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