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Legal Opinion

United States Ex Rel. Farmers Home Administration v. MSC, Inc. (In Re MSC, Inc.)

United States Bankruptcy Court, D. South Carolina

Decided July 11, 1985No. 19-01170PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

The matter before the court is a complaint in which the United States of America, acting on behalf of the Farmers Home Administration (hereinafter FmHA), requests this court to determine that its claim is a secured claim.

FmHA asserts that it holds a perfected security interest in all of the personal property of MSC, Inc., (hereinafter MSC) the debtor in possession. MSC and its unsecured creditors’ committee assert that because the lien of FmHA is unperfected as to a trustee in bankruptcy, the interest of the debtor estate in the personal…

2Cases cited8 opinions

  1. Tavenner v. BarrettWest Virginia Supreme Court · 1883
  2. In the Matter of Vintero Corporation, Debtor. Vintero Corporation v. Corporacion Venezolana De FomentoCourt of Appeals for the Second Circuit · 1984
  3. Loup v. Great Plains Western Ranch Co. (In Re Great Plains Western Ranch Co.)United States Bankruptcy Court, C.D. California · 1984
  4. Midland Mutual Life Insurance v. Masnorth Corp. (In Re Masnorth Corp.)United States Bankruptcy Court, N.D. Georgia · 1983
  5. 11 Collier bankr.cas.2d 648, Bankr. L. Rep. P 70,061 in Re Hartman Paving, Inc., South Berkeley Lumber & Supply, Inc., Debtors-In-Possession. Thomas G. Pyne v. Hartman Paving, Inc.Court of Appeals for the Fourth Circuit · 1984

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3Cited by10 opinions

  1. Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)United States Bankruptcy Court, D. South Carolina · 1995
  2. Glanz v. RJF International Corp. (In Re Glanz)United States Bankruptcy Court, D. Maryland · 1997
  3. Iowa-Missouri Realty Co. v. United States, Small Business Administration (In Re Iowa-Missouri Realty Co.)United States Bankruptcy Court, W.D. Missouri · 1988
  4. Wilson v. Moir (In Re Wilson)United States Bankruptcy Court, E.D. Virginia · 2006
  5. Kennedy Inn Associates v. Perab Realty Corp. (In Re Kennedy Inn Associates)United States Bankruptcy Court, S.D. New York · 1998

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