Legal Opinion

Franklin First Savings Bank v. Kizis (In Re Kizis)

United States Bankruptcy Court, M.D. Pennsylvania

Decided April 16, 1999No. Bankruptcy 5-97-03234PublishedCited by 3 opinions

1Opinion of the Court

OPINION 1

JOHN J. THOMAS, Bankruptcy Judge.

This Motion calls into question the interaction between 11 U.S.C. § 552(a), § 552(b), and 13 Pa.C.S.A. § 9306(a) (“proceeds”; rights of secured party on disposition of collateral) and the terms of an executed security agreement and financing statements executed by both Debtors and the Movant Bank. The particular issue presented for resolution is whether the Bank has a perfected security interest in the male Debtor’s renewal insurance commissions earned postpetition by reason of the employer’s prepetition agency contract with the male Debtor. Renewal…

2Cases cited5 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Smoker v. Hill & Associates, Inc.District Court, N.D. Indiana · 1997
  3. Kleinfeld v. F.D.I.C. (In Re Gary R. Froid)United States Bankruptcy Court, M.D. Florida · 1989
  4. First National Bank of Mercer County v. Rankin (In Re Rankin)United States Bankruptcy Court, W.D. Pennsylvania · 1989
  5. Ohio Casualty Group of Insurance Companies v. Professional Insurance ManagementCourt of Appeals for the Third Circuit · 1997

3Cited by3 opinions

  1. Johnson v. Cottonport BankDistrict Court, W.D. Louisiana · 2000
  2. Gateway Access Solutions, Inc. v. Nester (In Re Gateway Access Solutions, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 2007
  3. City of Chester Pennsylvania v.Court of Appeals for the Third Circuit · 2026

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