Legal Opinion

In the Matter of Tape City, U.S.A., Inc., Debtor. Borg-Warner Acceptance Corporation v. Tape City, U.S.A., Inc.

Court of Appeals for the Fifth Circuit

Decided April 30, 1982No. 81-3428PublishedCited by 20 opinions

1Per curiam

Tape City, U.S.A., Inc. (Tape City) appeals from a District Court judgment af firming the decision of the Bankruptcy Court. On the baseball theory of three strikes, you’re out, we affirm.

Borg-Warner Acceptance Corporation (Borg-Warner) in December 1979 entered into an agreement with Tape City to finance part of Tape City’s inventory in its New Orleans area stores. Suppliers sold merchandise to Borg-Warner, which paid them, but they shipped directly to Tape City. Borg-Warner and the suppliers executed various security devices including an assignment of the suppliers’ Louisiana vendor’s…

2Cases cited4 opinions

  1. Bernard v. Beneficial Finance Co.Supreme Court of the United States · 1969
  2. In Re TrahanDistrict Court, W.D. Louisiana · 1968
  3. In the Matter of Wallace Lincolnmercury Company, Inc., Bankrupt, Ford Motor Credit Company v. Herschel A. Gentry, TrusteeCourt of Appeals for the Fifth Circuit · 1972
  4. In the Matter of Caldwell Joseph Trahan. Rodney Bernard, Jr., Trustee v. Beneficial Finance CompanyCourt of Appeals for the Fifth Circuit · 1969

3Cited by20 opinions

  1. Hughes v. MackCourt of Appeals for the Fifth Circuit · 1983
  2. In Re Elmer Walter Dorla Walter, Debtors. United States of America v. John J. Hunter, TrusteeCourt of Appeals for the Sixth Circuit · 1995
  3. In The Matter Of Martin Exploration CompanyCourt of Appeals for the Fifth Circuit · 1984
  4. In Re BatesUnited States Bankruptcy Court, D. Oregon · 1987
  5. Saslow v. Andrew (In re Loretto Winery Ltd.)Court of Appeals for the Ninth Circuit · 1990

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