Harrelson Rubber Co. v. Super Treads, Inc. (In Re Super Treads, Inc.)

MEMORANDUM DECISION DETERMINING THE PRIORITY OF SECURITY INTERESTS

HENRY D. EVANS, Bankruptcy Judge. STATEMENT OF THE CASE

Financing statements claiming interests in the same property were filed by both the plaintiff and the defendant. The defendant initially filed on March 31,1972. The plaintiff initially filed on January 24, 1974. The defendant filed a continuation statement on March 31, 1977. The plaintiff filed a continuation statement on October 23, 1978. The sole question before the Court is whether the continuation statement filed by the defendant on March 31,1977 was timely filed and so…