Legal Opinion

Bell v. AmeriTrust Co. (In Re Moore)

United States Bankruptcy Court, E.D. Tennessee

Decided July 23, 1982No. Bankruptcy No. 3-81-00272, Adv. No. 3-81-0951PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue in this adversary proceeding is whether the defendant properly perfected its security interest by filing a financing statement which shows only a trade name of the debtor. T.C.A. § 47-9-402 is the applicable statute in this controversy.

I

The facts are not disputed. Defendant AmeriTrust Company, as successor to First Lorain Trust Company, asserts a security interest in certain of the debtor’s machinery and equipment which has been liquidated by the bankruptcy trustee for $250,000.

On December 30,1978, Charlie Moore, the debtor, executed a…

2Cases cited9 opinions

  1. In Re PlattDistrict Court, E.D. Pennsylvania · 1966
  2. In the Matter of Glasco, Inc., D/B/A Elite Boat Company, Bankrupt. Earl T. Brushwood, Trustee v. Citizens Bank of Perry, a Banking CorporationCourt of Appeals for the Fifth Circuit · 1981
  3. McMillin v. First National Bank & Trust Co.District Court, W.D. Oklahoma · 1975
  4. In Re Kittyhawk Television Corp., Bankrupt. Robert K. Corwin, Trustee v. Rca CorporationCourt of Appeals for the Sixth Circuit · 1975
  5. Citizens Bank v. AnsleyDistrict Court, M.D. Georgia · 1979

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

3Cited by10 opinions

  1. John K. Pearson, Trustee v. Salina Coffee House, Inc.Court of Appeals for the Tenth Circuit · 1987
  2. In Re Swati, Inc.United States Bankruptcy Court, N.D. Illinois · 1985
  3. Pongetti v. Deposit Guaranty National Bank (In Re Strickland)United States Bankruptcy Court, N.D. Mississippi · 1988
  4. Brown v. Belarus MacHinery, Inc. (In Re Service Lawn & Power, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1988
  5. In Re DavadickUnited States Bankruptcy Court, W.D. Pennsylvania · 1988

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

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