In re Recycling Research, Inc.

OPINION1

EMIL F. GOLDHABER, Chief Judge:

The problem raised in the case at bench is whether a landlord has a valid distraint for rent against a debtor’s goods which would give a landlord priority over the holder of a nonpurchase-money security interest in the same goods. For the reasons outlined infra, we conclude that a landlord has the superior claim.

We summarize the facts of this case as follows:2 The debtor leased a parcel of realty from the Media Real Estate Company (“Media”) in 1980. During the following year the debtor granted FDI Capital Placement Corporation (“FDI”) a…