Legal Opinion
Highland Construction Management Services, LP v. Fargo, N.A. (In re Highland Construction Management Services, LP)
United States Bankruptcy Court, E.D. Virginia
Decided July 30, 2013No. Case No. 11-11413-RGMPublishedCited by 7 opinions
1Opinion of the Court
(Chapter 11)
Contested Matter
(Objection to Proof of Claim 4)
MEMORANDUM OPINION
Robert G. Mayer, United States Bankruptcy Judge
When is a financing statement that is no longer effective, still effective? When it lapses, of course! The sole issue presented in this case is the effect of a post-petition lapse of a secured creditor’s financing statement. Highland argues that the lapse renders the claim unsecured. Guyant argues that the lapse has no effect and his claim continues to be secured.
This case is before the court on the motion of Wells Fargo, N.A. frb/o Jerome Guyant IRA (“Guyant”) for…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- Farrey v. SanderfootSupreme Court of the United States · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- FirsTrust Bank v. Indus. Bank (In re Essex Constr., LLC)United States Bankruptcy Court, D. Maryland · 2018
- Colony Beach & Tennis Club Ass'n v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.)United States Bankruptcy Court, M.D. Florida · 2014
- In re La Paloma Generating Co.United States Bankruptcy Court, D. Delaware · 2018
- 800 Bourbon Street, LLC v. Bay Bridge Building Ltd. (In re 800 Bourbon Street, LLC)United States Bankruptcy Court, E.D. Louisiana · 2015
- Jason W. LitvinasUnited States Bankruptcy Court, E.D. Virginia · 2022
2 more not listed; retrieve them via the Exa API.