Legal Opinion

AmSouth Bank, N.A. v. ORIX Credit Alliance, Inc. (In Re Delta Resources, Inc.)

United States Bankruptcy Court, N.D. Alabama

Decided December 21, 1993No. 19-00370PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

GEORGE S. WRIGHT, Chief Judge.

This matter came before the court on cross-motions for summary judgment of the plaintiff, AmSouth Bank, N.A. (AP Doc. 26) and of the defendant, ORIX Credit Alliance, Inc. (AP Doc. 34). After reviewing the record of this adversary proceeding (lawsuit), the Delta Resources, Inc., bankruptcy case as a whole, and conducting its own research, the court finds that the “transformation rule” controls on security interests in the Eleventh Circuit and thus in Alabama. Therefore, AmSouth’s prior perfected lien in accounts receivable and equipment takes…

2Cases cited14 opinions

United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
Manuel v. PierceCourt of Appeals for the Fifth Circuit · 1975
Southtrust Bank of Alabama, National Association, Formerly Named Birmingham Trust National Bank v. Borg-Warner Acceptance Corp., a CorporationCourt of Appeals for the Eleventh Circuit · 1985
Pristas v. Landaus of Plymouth, Inc.Court of Appeals for the Third Circuit · 1984
Geist v. Converse County BankDistrict Court, D. Wyoming · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

In Re Delta Resources, Inc., Debtor. Orix Credit Alliance, Inc. v. Delta Resources, Inc.Court of Appeals for the Eleventh Circuit · 1995
In Re HughesUnited States Bankruptcy Court, M.D. Georgia · 1998
In Re MatthewsUnited States Bankruptcy Court, D. South Carolina · 2007
Orix Credit Alliance, Inc. v. Bank of Tuscaloosa (In Re Brookwood Sand & Gravel, Inc.)United States Bankruptcy Court, N.D. Alabama · 1994
Orix Credit Alliance, Inc. v. CIT Group/Equipment Financing, Inc. (In re Hughes)United States Bankruptcy Court, M.D. Georgia · 1998

4 more not listed; retrieve them via the Exa API.