Legal Opinion
Wheeling & Lake Erie Railway Co. v. Keach (In re Montreal, Maine & Atlantic Railway, Ltd.)
Bankruptcy Appellate Panel of the First Circuit
Decided December 9, 2014No. BAP No. 14-033; Bankruptcy No. 13-10670-LHKPublishedCited by 2 opinions
1Opinion of the Court
HARWOOD, Bankruptcy Judge.
Wheeling & Lake Erie Railway Company (“Wheeling”) appeals from the bankruptcy court’s Decision and Order determining that Wheeling does not have a valid, enforceable and perfected security interest in the cash proceeds paid to Montreal, Maine & Atlantic Railway, Ltd. (the “Debtor”) and its affiliate under a commercial property insurance policy issued by Travelers Property Casualty Company of America (“Travelers”). For the reasons set forth below, we AFFIRM.
BACKGROUND
The essential facts of this case are not in dispute.
A.Wheeling Note and Security Agreement
Prior to the…
2Cases cited19 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Lessard v. Wilton-Lyndeborough Cooperative School DistrictCourt of Appeals for the First Circuit · 2010
- Indian Motocycle Associates III Ltd. Partnership v. Massachusetts Housing Finance AgencyCourt of Appeals for the First Circuit · 1995
- American Bank & Trust Co. v. Jardine Insurance Services Texas, Inc.Court of Appeals for the Tenth Circuit · 1997
- Perry v. First Citizens Federal Credit Union (In Re Perry)Court of Appeals for the First Circuit · 2004
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wheeling & Lake Erie Railway Co. v. KeachCourt of Appeals for the First Circuit · 2015
- In Re: PES Holdings, LLCDistrict Court, D. Delaware · 2021